What happens if there are no surviving relatives?

If there are no surviving relatives entitled to inherit under the intestacy rules, the estate passes to the Crown as bona vacantia. The Government Legal Department administers these estates. In some cases, the Crown may make ex gratia payments to people who were closely connected to the deceased but have no legal entitlement.

My cohabiting partner of 20 years died without a will. Do I inherit?

No. Under the intestacy rules, an unmarried partner has no automatic right to inherit regardless of how long the relationship lasted. However, if you lived with the deceased for at least two years immediately before their death, you can apply to court for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. You must make this application within six months of the grant of administration being issued. Take legal advice promptly.

Can I challenge the intestacy rules?

You cannot challenge the intestacy rules themselves, as they are set by statute. However, certain people can apply to court for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if the intestacy rules do not make reasonable provision for them. Adult children, cohabiting partners, dependants, and others may be eligible to apply. Legal advice is essential.

Do stepchildren inherit under intestacy?

Stepchildren who were not legally adopted have no automatic entitlement under the intestacy rules. Only biological and legally adopted children are treated as children for intestacy purposes. A stepchild may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were treated as a child of the family and were financially dependent on the deceased.

What is the 28-day rule in intestacy?

For a spouse or civil partner to inherit under the intestacy rules, they must survive the deceased by at least 28 days. If the surviving spouse dies within 28 days of the deceased, the estate is administered as if the spouse had not survived at all. This prevents double Inheritance Tax charges and ensures assets pass to the intended beneficiaries.

How do I apply for letters of administration when someone dies without a will?

You apply for letters of administration through the HMCTS Probate Service, either online at apply-for-probate.service.gov.uk or by post to the Principal Registry of the Family Division. The person applying must be entitled to do so under the intestacy rules. You will need the death certificate, completed HMRC Inheritance Tax forms, and the application fee.

Intestacy rules in England and Wales: who inherits when there is no will

When someone dies without leaving a valid will, their estate does not automatically pass to the people they would have chosen. The law decides who inherits through a fixed set of rules called the intestacy rules. This guide explains those rules in plain English.

The legal framework

The intestacy rules in England and Wales are set out in the Administration of Estates Act 1925, as amended by the Inheritance and Trustees' Powers Act 2014. The 2014 changes, which came into force on 1 October 2014, significantly updated the rules, including raising the statutory legacy and simplifying some aspects of the scheme.

The current statutory legacy, which applies where the deceased is survived by a spouse or civil partner and children, is £322,000 for deaths occurring on or after 26 July 2023. It is updated periodically by statutory instrument and may be higher for deaths occurring after a subsequent order. Always verify the figure that applies to the specific death you are administering at gov.uk before making any distribution.

The full hierarchy: who inherits and in what order

The intestacy rules work through a hierarchy of relatives. If a person in a higher category survives the deceased, those further down the list receive nothing.

Spouse or civil partner only (no children). The entire estate passes to the surviving spouse or civil partner.
Spouse or civil partner and children. The surviving spouse or civil partner receives: all personal possessions, the statutory legacy of £322,000 (for deaths on or after 26 July 2023; verify the current figure at gov.uk before distributing), and half of everything remaining above that amount. The other half of the residue is divided equally among the children (or their descendants if a child has predeceased).
Children only (no surviving spouse or civil partner).The estate is divided equally among the children. If a child has died before the deceased, that child's share passes to their own children (the deceased's grandchildren). This is called the per stirpes rule.
No spouse, no children. The estate passes to relatives in this order: parents, full siblings (or their descendants), half-siblings (or their descendants), grandparents, full aunts and uncles (or their descendants), half-aunts and half-uncles (or their descendants).
No surviving relatives. The estate passes to the Crown as bona vacantia. The Government Legal Department administers these estates.

Cohabiting partners get nothing under intestacy

This is one of the most important and most misunderstood aspects of the intestacy rules. An unmarried partner, however long the relationship and however committed, has no automatic right to inherit under the intestacy rules. It does not matter whether they lived together for 2 years or 40 years. The rules do not recognise cohabitation.

A surviving cohabiting partner who lived with the deceased for at least two years immediately before the death can apply to court for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. This is not an automatic right. It requires a court application, which must be made within six months of the grant of administration being issued (not six months from the date of death). The outcome is not guaranteed. Take legal advice promptly.

The only certain way to protect a cohabiting partner is to make a will.

Adopted, step, and estranged children

Adopted children are treated in exactly the same way as biological children for intestacy purposes. They are entitled to a share of the estate as if they had been born to the deceased.

Stepchildren who were not legally adopted have no automatic entitlement under the intestacy rules, regardless of how long they lived with the deceased or how close the relationship was. They may be able to make a claim under the 1975 Act if they were treated as a child of the family.

Estranged and illegitimate children are treated the same as any other child of the deceased. An estrangement, however long or bitter, does not affect a child's right to inherit under the intestacy rules. Nor does illegitimacy. All children of the deceased have equal rights.

The per stirpes rule explained

Per stirpes is a Latin phrase meaning “by the branch.” Under this rule, if a child of the deceased dies before the deceased, that child's own children (the deceased's grandchildren) inherit their parent's share.

Example: the deceased has three children, A, B, and C. Child B has already died, leaving two children of their own (the deceased's grandchildren, B1 and B2). Under per stirpes:

Child A receives one third of the estate.
Child C receives one third of the estate.
B1 and B2 each receive one sixth of the estate (splitting child B's third between them).

Practical example: £600,000 estate, surviving spouse and two children

Assume the estate is worth £600,000 and is survived by a spouse and two children. This example uses the statutory legacy of £322,000 applicable to deaths on or after 26 July 2023; verify the current figure at gov.uk before distributing.

The spouse receives all personal possessions (valued separately).
The spouse receives the statutory legacy of £322,000.
The remaining estate above the statutory legacy is £278,000.
Half of £278,000 (£139,000) goes to the spouse.
The other half (£139,000) is split equally between the two children: £69,500 each.

Total to spouse: £322,000 + £139,000 + personal possessions. Total to children: £139,000 split equally.

The 28-day survival rule

For a spouse or civil partner to inherit under the intestacy rules, they must survive the deceased by at least 28 days. If both die in the same accident and it is not possible to establish who died first, or if the survivor dies within 28 days, the estate is administered as if the survivor had not survived at all.

This rule was introduced to prevent assets passing to someone who then dies very shortly after, potentially causing double Inheritance Tax charges or passing assets to unintended beneficiaries.

Joint tenancy and the intestacy rules

Assets held as joint tenants (for example, many jointly owned family homes) pass automatically to the surviving joint owner by the right of survivorship. They do not form part of the intestate estate and are not affected by the intestacy rules. This is true even if the deceased died without a will.

Assets held as tenants in common (where each owner holds a defined share) do form part of the estate and are distributed under the intestacy rules.