Who inherits if someone dies without a will?

Who can inherit under the intestacy rules

When someone dies without a valid will, they are said to have died "intestate". In England and Wales, the law then sets out who inherits their estate (their money, property and belongings), and in what order. The amounts below apply when someone died on or after 26 July 2023.

If there is a husband, wife or civil partner

The spouse or civil partner must outlive the person by 28 days to inherit. If they die within 28 days, the estate is shared as if they had died first. The £322,000 sum is called the "fixed net sum". It is updated by law and has been £322,000 since 26 July 2023.

Example: an estate is worth £500,000 after debts. The person leaves a wife and two children. The wife gets the belongings, £322,000, and half of the remaining £178,000 (£89,000). The children share the other £89,000.

If there is no spouse or civil partner

The estate goes to the first group in this list that has someone alive:

1. Children (or their children if a child has died)
2. Parents, in equal shares
3. Brothers and sisters who share both parents
4. Half brothers and half sisters
5. Grandparents
6. Uncles and aunts who share both parents with the person's parent
7. Half uncles and half aunts
8. The Crown, if no relatives can be found

When an estate goes to the Crown, it is called "bona vacantia", which means ownerless property.

Who cannot inherit automatically

• Unmarried partners, however long you lived together.
• Stepchildren who were not legally adopted.
• Friends and carers.

Special cases: claiming through the court

Some people left out can apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975. They include:

• a partner who lived with the person as a couple for 2 years right before the death
• a former spouse or civil partner who has not married again or formed a new civil partnership
• a child, or someone treated as a child of the family
• anyone the person was supporting financially

Deadline: you usually have 6 months from when the grant of probate or letters of administration is first issued. After that, you need the court's permission.

How to check your own case

Use the GOV.UK tool. It asks where the person lived, whether there is a spouse, and which relatives are alive. Rules for people whose permanent home was in Scotland or Northern Ireland are different, and the tool covers those too. A solicitor or Citizens Advice can help if the estate is complicated.

Related guides

• How do I apply for probate?
• What do I need to do when someone dies?
• How does Inheritance Tax work?
• How do I make a lasting power of attorney?

Where this comes from

• Who inherits if someone dies without a will (GOV.UK)
• Administration of Estates Act 1925, section 46 (legislation.gov.uk)
• Fixed Net Sum Order 2023 (legislation.gov.uk)
• Inheritance (Provision for Family and Dependants) Act 1975, sections 1 and 4 (legislation.gov.uk)
• Unclaimed estates (bona vacantia) (GOV.UK)