What happens if you die without a will?
If you die without a will, a fixed statutory order decides who inherits. It ignores unmarried partners entirely, and it splits estates in ways most people would never choose.
The short answer
- No will means the intestacy rules decide. You have no say at all.
- A surviving spouse or civil partner takes the personal possessions, the first £322,000, and half of anything above that. The other half goes to the children.
- If there are no children, the spouse takes everything.
- Unmarried partners inherit nothing, however long you lived together. Nor do stepchildren you did not legally adopt.
- With no relatives at all, the estate passes to the Crown (bona vacantia).
What's on this page
The order of who inherits#
The rules work strictly down a list. If someone in a category is alive, the categories below get nothing.
If you are married or in a civil partnership#
- With children: your spouse receives all personal possessions, the first £322,000 (the "statutory legacy"), and half of whatever remains. The other half is divided equally between your children, held in trust until they reach 18.
- Without children: your spouse receives the entire estate.
An estate of £700,000, married with two children. The spouse takes the possessions plus £322,000, leaving £378,000. Half of that — £189,000 — goes to the spouse; £189,000 is split between the two children. The surviving spouse does not simply inherit the lot, which is what most couples assume.
If you are not married#
The estate passes in this order, with each category taking everything if anyone in it survives:
- Children (and their descendants if a child died before you)
- Parents
- Brothers and sisters of the whole blood (then their children)
- Half-brothers and half-sisters (then their children)
- Grandparents
- Aunts and uncles of the whole blood (then their children)
- Half-aunts and half-uncles (then their children)
- The Crown
Who gets nothing#
Unmarried partners inherit nothing under intestacy. Thirty years together, a joint mortgage, children in common — none of it matters. There is no such thing as a "common law spouse" in English law. The survivor's only route is a court claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is expensive, slow and uncertain.
Also excluded: stepchildren you never legally adopted, close friends, carers, and any charity you supported for decades.
One partial protection: a home owned as joint tenants passes automatically to the surviving co-owner outside the estate. Owned as tenants in common, the deceased's share falls into the intestacy — which can leave a surviving partner co-owning their home with their late partner's parents.
What else goes wrong#
- No guardians named, so the court decides who raises your children.
- No executors. A relative must apply for letters of administration in a statutory order of priority, which takes longer.
- Higher inheritance tax. Splitting an estate between a spouse and children can waste the spousal exemption, and there is no chance to plan for the £175,000 residence nil-rate band.
- Children inherit at 18, whether or not that is wise.
- Delay and cost. Intestate estates take longer, cost more, and produce a disproportionate share of family disputes.
Can an intestacy be put right afterwards?#
Partly. Two routes exist, both imperfect:
- Deed of variation. Within two years of the death, beneficiaries can agree to redirect their entitlement — for example, adult children giving their share to a surviving unmarried partner. It needs everyone affected to agree, and every one of them to be an adult with capacity.
- 1975 Act claim. A cohabiting partner (generally after living together for two years), a dependant, or a child can ask the court for reasonable financial provision. It is litigation: costly, slow, and public.
Both are repairs. A will costing £150–£400 avoids the need for either. Here is how to write one.
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Frequently asked questions
Does my partner get my house if we are not married?
Only if you owned it as joint tenants, in which case it passes to them automatically outside your estate. If you owned it as tenants in common, or it was in your sole name, your share passes under the intestacy rules to your blood relatives — your partner receives nothing without a court claim.
What is the statutory legacy amount?
Currently £322,000 in England & Wales. It is the fixed sum a surviving spouse or civil partner receives, on top of the personal possessions, before anything is shared with children. The figure is reviewed periodically — this page was last checked 6 April 2026.
Do stepchildren inherit under intestacy?
No, unless you legally adopted them. Intestacy follows legal relationships, not lived ones. A stepchild you raised from infancy inherits nothing automatically, which is one of the most common reasons blended families need a will.
What happens if nobody at all survives?
The estate passes to the Crown as bona vacantia. The Government Legal Department publishes a list of unclaimed estates, and distant relatives can come forward with proof of entitlement — which is the business model behind "heir hunter" firms.
Are the intestacy rules the same across the UK?
No. These are the rules for England & Wales. Scotland has a different system including prior rights and legal rights for spouses and children, and Northern Ireland has its own rules again.
This is general information, not legal advice. Everyone's situation is different — speak to a qualified adviser before acting. KeepTheLot is an independent information service covering England & Wales. We are not a law firm.
Part of our guide to wills.