What Are the Intestacy Rules?
When someone dies in England or Wales without a valid Will — called dying intestate — their estate is distributed according to a strict statutory framework known as the Intestacy Rules. The rules originate in the Administration of Estates Act 1925 and have been amended periodically (most recently by the Inheritance and Trustees’ Powers Act 2014).
The rules don’t care what you would have wanted. They don’t consider closeness, fairness, or the practical needs of the people you leave behind. They simply apply a fixed priority order based on legal relationship.
⚠️ Scotland and Northern Ireland have separate intestacy regimes. The rules below apply to England and Wales only.
Who Inherits Under the UK Intestacy Rules?
| Priority | Who inherits | What they receive |
|---|---|---|
| 1 | Spouse or civil partner (no children) | The entire estate |
| 1 | Spouse or civil partner (with children) | First £322,000 + all personal possessions + half the remainder |
| 2 | Children (where spouse survives) | The other half of the remainder, shared equally |
| 2 | Children (no surviving spouse) | Entire estate, shared equally |
| 3 | Parents | Entire estate (only if no spouse or children) |
| 4 | Full-blood siblings | Shared equally (only if no spouse, children or parents) |
| 5 | Half-blood siblings | Only if no full-blood siblings |
| 6 | Grandparents | Only if no siblings |
| 7 | Aunts and uncles (full-blood) | Only if no grandparents |
| 8 | Aunts and uncles (half-blood) | Only if no full-blood aunts or uncles |
| Last | Crown (bona vacantia) | If no qualifying relatives can be traced |
❌ Unmarried partners get nothing. The same is true for step-children, friends, carers, charities — everyone outside the priority list. The length of the relationship is irrelevant.
The Statutory Legacy — £322,000
Where the deceased leaves a surviving spouse or civil partner and children, the spouse’s entitlement is split. They take the “statutory legacy” (currently £322,000), all personal possessions, and half of anything left over. The remaining half is divided equally between the children. Children under 18 cannot receive their share directly — it’s held in a statutory trust until they turn 18.
Why the Intestacy Rules Cause Problems
For many families the rules produce results that are unfair, unintended, and sometimes catastrophic.
1. Unmarried partners are excluded entirely
You can have lived with your partner for 30 years, raised children together, and bought a home in joint names — and they will still inherit nothing under the intestacy rules. Their only remedy is a contested Inheritance (Provision for Family and Dependants) Act 1975 claim, which is slow, expensive, and uncertain.
2. Children inherit at 18 — whether they’re ready or not
Under intestacy, a child’s share is held in trust until they reach 18, at which point they receive it outright. There’s no flexibility, no staged release, no protection from immaturity, divorce, or creditors. A Will lets you set a higher age (typically 21 or 25) and add safeguards.
3. Step-children get nothing unless legally adopted
If you’ve raised step-children as your own but never formally adopted them, the intestacy rules treat them as strangers. Only biological and legally adopted children share in the estate.
4. Probate is slower and more expensive
Without a Will there’s no named executor, so the court has to grant Letters of Administration instead of a Grant of Probate. The administrator must be identified, agree to act, and may need to provide a bond. Family disputes are far more common, and administration costs typically run higher.
5. The Crown can take the estate
If no qualifying relatives can be traced, the estate passes to the Crown under the doctrine of bona vacantia. Roughly £6 million flows into Treasury coffers each year from people who simply never made a Will.
Will vs Intestacy — Side by Side
| Issue | With a Will | Under Intestacy |
|---|---|---|
| Who inherits | Whoever you choose | Fixed statutory list |
| Unmarried partner | Can inherit fully | Receives nothing |
| Step-children | Can inherit fully | Receive nothing |
| Children’s inheritance age | Set by you (e.g. 21 or 25) | 18, no flexibility |
| Guardian for minor children | Named by you | Decided by court |
| Executor | Chosen by you | Court-appointed administrator |
| Charitable gifts | Yes — can reduce IHT | None possible |
| Specific gifts | Yes (heirlooms, sentimental items) | None possible |
| Speed of probate | Faster — named executor | Slower — Letters of Administration |
| Family disputes | Far less likely | Common |
How to Avoid the Intestacy Rules
There’s only one way: make a valid Will. A Will completely overrides the intestacy rules (subject to limited Inheritance Act 1975 claims). It’s the single most effective estate-planning step almost anyone can take.
- Single Will — from £69 with ClearLegacy. Online questionnaire takes around 20 minutes.
- Mirror Wills — £99 for a couple. Each partner gets their own Will, mirroring the other.
- Solicitor Wills typically cost £200–£650 for the same legal effect.
A valid Will under the Wills Act 1837 must be in writing, signed by you, and witnessed by two independent adults at the same time. ClearLegacy handles the drafting; you sign and witness at home.
Override the Intestacy Rules — from £69
The only way to control who inherits is to make a Will. 20 minutes online. PDF emailed within 24 hours.
Start My Will →Frequently Asked Questions
Does my spouse automatically get everything?
Only if you have no children. If you have children, your spouse takes the first £322,000, all personal possessions, and half the remainder — the other half is split between your children.
What counts as “personal possessions”?
Tangible movable property — furniture, jewellery, cars, household items. It excludes money, investments, business assets, and property used solely for business purposes.
Can my partner make a claim if we weren’t married?
Yes — under the Inheritance (Provision for Family and Dependants) Act 1975, but only if they were financially dependent or had been living with you as a couple for at least two years immediately before death. Such claims are slow, expensive, and uncertain. A Will avoids the issue entirely.
Do step-children ever inherit under intestacy?
Only if you legally adopted them. Otherwise they have no automatic right, regardless of how long you raised them.
What if I have children from a previous relationship?
They inherit equally with any children from your current relationship under intestacy. If you want to make different provision — or protect a current spouse’s home — you need a Will.
How much does it cost to make a Will?
ClearLegacy single Wills are £69. Mirror Wills for couples are £99. Both are drafted by qualified will-writers, delivered as PDF within 24 hours, and legally binding once signed and witnessed.