UK Intestacy Rules Flowchart
When someone dies in England or Wales without a valid will, their estate is divided under the intestacy rules — a strict legal hierarchy set by the Administration of Estates Act 1925. The chart below shows exactly who inherits, the £322,000 spouse threshold, and the order in which more distant relatives are considered. Pick a scenario to see the split.
Under England & Wales intestacy rules, a surviving spouse or civil partner with children gets all personal possessions, the first £322,000 of the estate, and half the remainder — children share the rest. With no children, the spouse takes everything. With no spouse, the order is: children → parents → siblings → half-siblings → grandparents → aunts/uncles → the Crown. Unmarried partners and stepchildren inherit nothing.
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Spouse + children — the most common intestacy scenario
Example estate of £500,000 with a surviving spouse and two children:
Total to spouse: £411,000 (plus chattels). Children split £89,000. If the home is in joint names, the spouse may keep it (it passes by survivorship outside the estate).
Surviving spouse, no children
The spouse or civil partner inherits the entire estate outright — including any property held in the deceased's sole name. Parents, siblings, nieces, nephews and any other relatives receive nothing.
The same rule applies regardless of estate size. A £2m estate, a £20,000 estate — the spouse takes it all.
Children, no spouse
If there is no surviving spouse but there are children (biological or legally adopted), the entire estate passes to them in equal shares — known as the "per stirpes" rule. If a child has predeceased the parent, that child's share passes to their own children (the deceased's grandchildren).
Stepchildren are not included. A child must be biological or legally adopted to inherit under intestacy.
No spouse, no children — parents inherit
Where there is no surviving spouse, civil partner or descendant, the estate passes to the parents in equal shares. If only one parent survives, that parent takes the entire estate.
No spouse, children or parents — siblings inherit
Full-blood siblings (sharing both parents with the deceased) inherit in equal shares. If a sibling has predeceased, their share passes to their own children (the deceased's nieces and nephews).
If there are no full siblings, the estate passes to half-blood siblings (sharing only one parent), then to grandparents, then to aunts and uncles (and their descendants).
No traceable relatives — bona vacantia
If there are no surviving relatives in any of the categories above, the estate passes to the Crown under the doctrine of bona vacantia. The Government Legal Department's Bona Vacantia Division administers unclaimed estates and publishes a public list.
Roughly 6,000 estates a year are referred to bona vacantia in England & Wales — most are eventually claimed by distant relatives.
How to read the chart
Intestacy works as a strict waterfall. Each level only inherits if no one in the level above is alive. The rules don't care about how close you were to the deceased, who looked after them, or what they would have wanted — only the legal hierarchy matters.
The £322,000 statutory legacy
This figure changes every few years by statutory instrument. The current £322,000 applies to deaths on or after 26 July 2023. Previous bands: £270,000 (2020-2023), £250,000 (2014-2020), £125,000 (1981-2009).
Personal possessions ("chattels")
Under section 55 of the Administration of Estates Act 1925 (as amended), chattels are tangible movable property — furniture, jewellery, cars, art, books, household goods. They do not include money, securities, business assets or property used solely for business purposes.
The half-share to children
The children's half doesn't pass immediately if any are under 18. It is held on statutory trust until they reach majority. Where minor children are involved, the surviving spouse usually applies for letters of administration jointly with another trustee.
The most painful intestacy outcomes
The unmarried partner
A cohabiting partner of 30 years receives nothing. The estate passes to the deceased's parents or siblings instead. The partner may apply under the Inheritance (Provision for Family and Dependants) Act 1975 — but must prove dependency, instruct solicitors, and accept a contested process likely costing five figures. See our guide on cohabiting partner inheritance UK.
The stepchild raised as a child
A child raised by the deceased from infancy but never legally adopted inherits nothing. The estate passes to biological children only.
The estranged spouse
A spouse who has been separated for 20 years but never divorced still inherits as a "surviving spouse" — taking the £322,000 statutory legacy and half the remainder.
The second family
When a man dies leaving a second wife and children from a previous marriage, the second wife takes the statutory legacy plus half the residue. The first-marriage children share the other half — often inheriting far less than the deceased intended.
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Start your willFrequently asked questions
- What law governs UK intestacy?
- The Administration of Estates Act 1925, as amended by the Inheritance and Trustees' Powers Act 2014 and the periodic uplift orders. The current £322,000 statutory legacy applies to deaths on or after 26 July 2023.
- What does a surviving spouse get if there are children?
- The spouse or civil partner receives all personal possessions, the first £322,000 of the estate (the statutory legacy), plus half of the remaining estate outright. The other half passes to the deceased's children equally.
- What if there is a spouse but no children?
- The surviving spouse or civil partner inherits the entire estate. Parents and siblings receive nothing.
- Do unmarried partners inherit under intestacy?
- No. Cohabiting partners, no matter how long they have lived together, have no automatic right to inherit. They must rely on a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — which is contested and costly. See full guide →
- Who inherits if there is no spouse and no children?
- The order is: parents, then full-blood siblings (or their children), then half-blood siblings, then grandparents, then aunts and uncles. If no relatives are found, the estate passes to the Crown (bona vacantia).
- Are stepchildren included in intestacy?
- No. Only biological and legally adopted children inherit under intestacy. Stepchildren — even those raised by the deceased — receive nothing unless named in a will.
- Do same-sex partners count under intestacy?
- Yes, if they are married or in a civil partnership. Same-sex couples have identical intestacy rights to opposite-sex married couples. Unmarried same-sex partners are in the same position as unmarried opposite-sex partners — no automatic inheritance.
- What happens to property held as joint tenants?
- Jointly owned property (as joint tenants) passes automatically to the surviving joint owner by survivorship — outside the intestacy rules and outside the estate. Property held as tenants in common falls into the intestacy estate.
Related guides
- What happens if you die without a will UK
- What is intestacy?
- Cohabiting partner inheritance UK
- Unmarried partner inheritance rights
- Can my partner inherit without a will?
- Married vs unmarried partner rights — visual
Administration of Estates Act 1925 · legislation.gov.uk
Inheritance and Trustees' Powers Act 2014 · legislation.gov.uk
Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 — £322,000 statutory legacy · legislation.gov.uk
GOV.UK — Inheriting money, property and shares (intestacy) · gov.uk
Government Legal Department — Bona Vacantia · gov.uk/bona-vacantia
Inheritance (Provision for Family and Dependants) Act 1975 · legislation.gov.uk
Last reviewed: 31 May 2026 by SL. Educational guide only — not legal advice.