The Intestacy Priority Order
| Priority | Who inherits | What they receive |
|---|---|---|
| 1st | Spouse or civil partner (no children) | Everything |
| 1st | Spouse or civil partner (with children) | First £322,000 + personal possessions + half the remainder |
| 2nd | Children (if spouse survives) | Share the other half of remainder equally |
| 2nd | Children (no surviving spouse) | Share everything equally |
| 3rd | Parents | Everything (if no spouse or children) |
| 4th | Siblings (full blood) | Share equally (if no spouse, children or parents) |
| 5th | Siblings (half blood) | If no full siblings |
| 6th | Grandparents | If no siblings |
| 7th | Aunts/uncles | If no grandparents |
| Last resort | Crown (bona vacantia) | If no living relatives |
⚠️ Unmarried partners receive nothing — regardless of how long the relationship lasted. The only way to protect a partner is with a valid Will.
The Statutory Legacy
Where there is a surviving spouse and children, the spouse receives a fixed sum of £322,000 (the statutory legacy, updated periodically) plus all personal possessions. The remainder is split: half to the spouse outright, half shared equally among children. Children under 18 cannot receive their share directly — it is held in trust until they reach adulthood.
Who Is Not Covered
- Unmarried partners — nothing, regardless of relationship length
- Step-children — nothing (unless legally adopted)
- Friends — nothing
- Carers or companions — nothing
- Charities — nothing
Can the Intestacy Rules Be Overridden?
Yes — by writing a valid Will. A Will completely overrides the Intestacy Rules (except for Inheritance Act 1975 claims). It is the only way to ensure your estate passes as you intend.
Override the Intestacy Rules — from £69
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