What Happens If You Die Without a Will in the UK?

Quick answer

If you die without a Will in England or Wales, your estate is distributed under the intestacy rules. These are a strict legal order set out in the Administration of Estates Act 1925 — and they often produce results that don't match what most people would have wanted for their family.

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Reviewed by the ClearLegacy editorial team Wills Act 1837 compliant · Updated 2026-05-09

What "intestate" means

Dying intestate simply means dying without a valid Will. When that happens, you don't get to choose who inherits. Instead, the law applies a fixed order of priority that begins with your spouse or civil partner, then your children, then your parents and so on outwards through your wider family.

If you have no surviving relatives at all, your estate passes to the Crown — known as bona vacantia.

Who inherits — the intestacy order in plain English

  1. Married or civil partner with no children: spouse takes everything.
  2. Married or civil partner with children: spouse takes the first £322,000, plus half of what's left. The other half is split equally between the children.
  3. Unmarried with children: children inherit everything in equal shares.
  4. Unmarried with no children: parents inherit. If parents have died, siblings. If no siblings, half-siblings, then grandparents, then aunts and uncles.
  5. No surviving relatives: estate passes to the Crown.

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The biggest gaps in the intestacy rules

When this matters

Married with no children

Your spouse inherits everything. Often a clean outcome — but a Will is still useful for guardian backup if children come later.

Married with children

Spouse takes £322k + half. Children share the rest. Often splits the family home in unwanted ways.

Cohabiting partner

Your partner gets nothing. Property reverts to your closest blood relatives, even if you've lived together for decades.

Estranged family

If you have no Will, your estate may pass to relatives you haven't spoken to in years — there's no way for the law to know who you actually wanted to benefit.

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What changed in 2026

  • Statutory legacy: still £322,000. It has not changed since 26 July 2023 (re-checked 4 November 2026).
  • Applying to deal with the estate: the fee for letters of administration rose from £300 to £526 on 13 July 2026 for estates worth more than £5,000.
  • Pensions from 6 April 2027: pension funds still pass under the scheme’s own rules and nomination form rather than the intestacy rules. Under the Finance Act 2026, most unused funds will also count towards the estate for inheritance tax when someone dies on or after 6 April 2027.
  • Tax thresholds: the nil-rate bands stay frozen until April 2031.

Frequently asked questions

If you own the property as joint tenants with a partner, it passes automatically to them. If you own it solely or as tenants in common, your share goes through intestacy and may be split between spouse and children.
No. Cohabiting and unmarried partners are not recognised by UK intestacy rules. They inherit nothing automatically, regardless of how long you've been together or whether you have children.
Without a Will appointing a guardian, the family court decides. The court will consider close family members but the choice is no longer yours and the process can take months.
Your spouse still inherits under intestacy as if you were still together. Separation doesn't change anything legally until the divorce is finalised. A new Will is the only way to update your wishes during separation.
No. Only biological and legally adopted children are recognised. Step-children inherit nothing under intestacy — the only way to include them is with a Will.
Administering an intestate estate typically takes longer than an estate with a Will — often 9 to 12 months from death to distribution, sometimes longer if there are disputes or hard-to-trace beneficiaries.
If no eligible relatives can be traced, the estate passes to the Crown as bona vacantia. The Government Legal Department then administers it. This is rare but it does happen.

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E&OE — errors and omissions excepted. This page is general information about the law of England and Wales, drawn from the sources it cites; it is not legal, tax or financial advice and ClearLegacy is not a law firm. Rules, figures and fees change and we re-check them on the review dates recorded in our claims register. Check the primary source, or take advice, before relying on it for your own circumstances.

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