When someone dies without a valid Will, the Rules of Intestacy determine who inherits the estate. These rules apply automatically and follow a strict priority order.
The inheritance priority order
- A surviving spouse or civil partner: receives all personal possessions, the first £322,000, and half of anything above that. Children share the other half.
- Children inherit equally if there is no surviving spouse or civil partner. If a child has predeceased, their children take their share.
- If there is no spouse, civil partner, or children: parents, then siblings, then other relatives in a defined order.
- If no eligible relative is found: the estate passes to the Crown as bona vacantia.
Who does not automatically inherit
Unmarried partners have no automatic entitlement, however long the relationship. Neither do stepchildren (unless adopted), friends, carers, or charities. An unmarried partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires Court proceedings and specialist legal advice.
YouCanDoProbate’s Intestacy Walkthrough works through the applicable Rules of Intestacy for your specific family circumstances and confirms who is entitled to what.
