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What Happens If I Die Without a Will? Intestacy Rules Explained
Posted 20 Jan, 2026
Key Takeaways
- If you die without a will, the law decides who inherits — your wishes are not considered
- Unmarried partners inherit nothing under intestacy rules, no matter how long you lived together
- The statutory legacy is £322,000 — if you are married with children, your spouse receives this amount plus personal belongings, then the remainder is split
- Stepchildren do not inherit unless legally adopted
What is intestacy?
If you die without a valid will, you are said to have died intestate. This means your estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925 (as amended).
The intestacy rules are fixed. They do not consider:
- Your personal wishes
- The quality of your relationships
- Financial need
- How long you lived with a partner
- Verbal promises you made
Only a will gives you control over who inherits your estate.
Who inherits under the intestacy rules?
The intestacy rules follow a strict order of priority:
If you are married or in a civil partnership with no children:
Your spouse or civil partner inherits your entire estate.
If you are married or in a civil partnership with children:
Your spouse or civil partner receives:
- All your personal belongings (furniture, car, jewellery, etc.)
- The first £322,000 of your estate (the statutory legacy)
- Half of the remainder
Your children share the other half equally. If your children are under 18, their share is held in trust until they reach adulthood.
Example: You die with an estate worth £500,000. Your spouse receives personal belongings, £322,000, plus half of the remaining £178,000 (£89,000) — total £411,000. Your children share the other £89,000 equally.
If you are not married:
Your partner inherits nothing.
It does not matter that you:
- Lived together for decades
- Had children together
- Called yourselves husband and wife
- Shared all your finances
There is no such thing as "common law marriage" in England and Wales. Unmarried partners have no automatic inheritance rights.
If you are unmarried with children, your children inherit your entire estate in equal shares.
If you have no spouse, civil partner, or children:
Your estate passes to relatives in this order:
- Parents
- Siblings (or their children if deceased)
- Grandparents
- Aunts and uncles (or their children if deceased)
- The Crown (if no relatives are found)
Who does NOT inherit under intestacy?
The following people have no automatic right to inherit under intestacy rules:
- Unmarried partners (cohabitees)
- Stepchildren (unless legally adopted)
- Foster children
- Friends
- Carers
- Charities
If you want any of these people or organisations to benefit from your estate, you must make a will.
What is the statutory legacy?
The statutory legacy is the fixed sum a surviving spouse or civil partner receives when the deceased had children and died without a will.
As of July 2023, the statutory legacy is £322,000. This amount is reviewed periodically to account for inflation.
The statutory legacy means that in many typical estates (where the main asset is the family home), the surviving spouse may inherit everything. For example, if the estate is worth £300,000, the spouse receives it all because it falls below the statutory legacy threshold.
However, for larger estates, this can create unexpected outcomes. Children may inherit a significant portion of the estate immediately, potentially affecting the surviving spouse's ability to remain in the family home.
Can someone challenge intestacy?
Yes. Certain people can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe they have not received reasonable financial provision.
People who can claim include:
- Unmarried partners who lived with the deceased for at least 2 years
- Children of the deceased
- Anyone who was financially maintained by the deceased
However, making a claim is expensive, stressful, and uncertain. It is far better to make a will and be clear about your intentions.
Why making a will matters
A will allows you to:
- Choose who inherits — including unmarried partners, stepchildren, and charities
- Appoint guardians for your children
- Choose executors to handle your estate
- Make specific gifts of particular items
- Reduce inheritance tax through proper planning
- Avoid family disputes by making your wishes clear
At Endeavour Law, our wills start from £360 for individuals. Making a will is one of the most important things you can do to protect your loved ones.