After › When there is no will: the rules of intestacy

When there is no will: the rules of intestacy

If a person dies without a valid will they are said to die intestate. A fixed set of rules then decides who inherits and who can deal with the estate.

Last updated 2 November 2026

First, look for a will

Before assuming there is no will, search properly. Check the person's papers, a safe, their bank, solicitors they used, and ask relatives. Some people store wills with a solicitor or a will-storage service. An old will may exist even if a newer one cannot be found. A later will usually replaces an earlier one, so make sure you have the latest. Wills are valid only if they meet the legal formalities, so a will that was not signed and witnessed properly may not count.

Who inherits: England and Wales

HMRC's manual summarises the rules for deaths on or after 1 October 2014:

• A surviving spouse or civil partner takes the personal chattels (belongings), a fixed net sum known as the statutory legacy, and an absolute interest in one half of what is left (the residue).
• The deceased's children (issue) take the other half of the residue.
• If there are no children, the spouse or civil partner takes the whole estate.

The statutory legacy is £322,000 for deaths from 26 July 2023 (it was £270,000 from 6 February 2020 to 25 July 2023, and £250,000 from 1 October 2014 to 5 February 2020).

If there is no spouse or civil partner

The estate is divided among the person's children. If there are no children it passes to other relatives in a fixed order. If there are no relatives at all, it passes to the Crown, known as bona vacantia. The HMRC page we opened does not cover unmarried partners. The rules are built around marriage, civil partnership and blood relationships, so someone who lived together without marrying may have no automatic share. If that is you, speak to a solicitor or Citizens Advice promptly. In some cases a court claim may be possible.

Who can deal with the estate

GOV.UK says that without a will the closest living relative can apply for probate. In England and Wales they apply for letters of administration. See probate and confirmation for the application steps, fees and the value of the estate, and the checklist for the order of jobs.

Northern Ireland

Nidirect lists who may apply for Letters of Administration in a set order of next of kin: the spouse or civil partner, then children, grandchildren (if a child has died), parents, siblings, grandparents, and aunts or uncles (or their children). Up to four equally entitled people may apply together, and applicants must be 18 or over. We have not opened an official page on who inherits in Northern Ireland, so check nidirect.

Scotland

Scotland has its own rules of succession, and they work differently from England and Wales, including protections for a surviving spouse or civil partner and children. We could not confirm the detail on an official page, so we do not summarise it here. The Scottish Courts and Tribunals Service explains that where there is no will, a small estate may need a bond of caution and a large estate needs an application to be appointed executor, and recommends legal advice for large estates. Start with the confirmation section and the Law Society of Scotland.

Practical points

• You cannot give a share to someone just because the person said they wanted it. Without a will, the rules apply.
• Adult children and beneficiaries can agree to rearrange who gets what after the death in some cases, but this has tax and legal effects, so take advice first.
• Do not distribute anything before you have the legal authority and have paid debts and any Inheritance Tax.

Prevent this for yourself

Reading this, many people decide to make a will of their own. A solicitor or a reputable will writer can do it. Review it after marriage, divorce, children or a house move.

This is general information, not legal advice. Rules differ between England and Wales, Scotland and Northern Ireland, and they change. Check the official pages linked at the bottom of each page, and ask a solicitor or Citizens Advice about your own situation. Last checked November 2026.

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