Dying Without a Will in the UK: Intestacy Rules Explained

If someone dies without a will in England or Wales, their Estate is divided according to a strict formula.

The order is:

1. Spouse or civil partner: gets priority
2. Children: if there's no spouse, they inherit
3. Parents: if there's no spouse or children
4. Siblings: if there's no spouse, children, or parents
5. Grandparents: if none of the above
6. Aunts and uncles: if none of the above
7. The Crown: if no relatives exist

What the spouse or civil partner gets

• If there are children: Spouse gets the first £322,000 of the estate, the personal chattels (jewellery, car, etc.), and then half of the remainder. Children split the other half equally.
• If there are no children: Spouse gets everything (regardless of whether there are surviving parents, siblings, or other relatives).

The £322,000 threshold (for estates with children) is updated regularly. Check current rates at gov.uk/valuing-estate-of-someone-who-died.

If there's a spouse but no children, the spouse keeps everything. This is why many people assume their spouse will inherit, not realising there's no will. The spouse will inherit, but it might take longer and cost more than if there was a proper will.

Here's where intestacy law is harsh.

A cohabitant (even if they lived with the person for 30 years, even if they had children, even if they were treated exactly like a spouse) gets nothing under intestacy law.

The law does not recognise unmarried couples. This is a fact that shocks people.

• 5 years together: Nothing
• 20 years together: Nothing
• Children together: Nothing
• Financially dependent on the person: Nothing

The law views the cohabitant as a friend, not as someone with a legal claim.

There is no “common-law marriage” in the UK. This is a myth. You cannot become a spouse by living with someone, no matter how long.

What cohabitants can do

If they weren't married or in a civil partnership, they can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This allows someone to argue that they were “in a real sense” dependent on the person who died, and that intestacy law produces an unfair result.

This requires going to court. It's expensive (£2,000–£5,000 in solicitor fees) and uncertain. You might win. You might not.

The claim must be made within 6 months of Probate being granted. This is a tight deadline.

Prevention: If you're in an unmarried relationship, you must have a will. Do not rely on intestacy law. It will not protect your partner. For more on what happens next, see our complete guide to what to do when someone dies.

If the person who died has no spouse, children, parents, siblings, or more distant relatives, the estate goes to the Crown (the government).

This is called “bona vacantia.” It's rare but it happens.

Distant relatives (cousins, second cousins, etc.) might still be traced by genealogy companies. If they're found, they can claim, even decades later.

But for practical purposes: no relatives, no will, the money goes to the state.

In Scotland, if someone dies without a will:

Prior rights kick in first

The spouse or surviving civil partner gets:

• The house (if it's in Scotland), up to £473,000 in value
• Furniture and contents, up to £29,000
• £50,000 (if there are surviving children) or £89,000 (if there are no children)

These are called “prior rights.” They come out of the estate before anything else is distributed.

Then come legal rights

After prior rights are satisfied:

• Spouse/civil partner gets: One-third of the remainder (if there are children) or one-half (if there are no children)
• Children get: One-third of the remainder (if there's a spouse) or one-half (if there's no spouse)

Parents get a share if there are no children. Whatever's left (the “free estate”) goes according to intestacy rules (siblings, grandparents, etc.).

Cohabitants in Scotland get nothing under intestacy, the same as in England. They can make a claim under the 1975 Act. For more on the Scottish process, see our Probate in Scotland guide.

• The thresholds are slightly different (£250,000 for spouse with children, £450,000 for spouse without children) - check current rates
• The definition of “child” is narrower (doesn't include step-children unless formally adopted)
• Divorce isn't recognised the same way
• The forms and courts are different

Otherwise, the intestacy order is similar: spouse, then children, then parents, then siblings.

The same principle applies: cohabitants get nothing and must claim under the Act.

“I didn't know” and “they told me I was getting the house”

These are the most common things people say when they discover intestacy law.

The legal answer: it doesn't matter what they said. A will is a legal document. Verbal promises are not binding.

If someone verbally promised you the house but died without putting it in a will, you have no legal right to the house. You're in the same position as if they never promised anything.

“We were getting married”

If two people were engaged or planning to marry, and one died before the marriage happened, the other gets nothing under intestacy law.

Engagement doesn't create legal rights. Only marriage or civil partnership does.

If they were truly planning to marry, the solution is a will, not waiting for marriage.

If someone dies without a will:

1. Death occurs. The next of kin arrange the funeral and register the death.
2. Within 5 days: Death certificate is issued.
3. Weeks 2–4: Contact the probate service to apply for a “grant of administration” (it's called that, not “grant of probate,” because there's no will to prove). Forms are IHT205 (simplified IHT form for small estates) or IHT400 series (if larger).
4. Week 6–12: Probate service grants the grant of administration.
5. Week 12–20: Banks and institutions release funds based on the intestacy rules.
6. Cohabitant claim (if applicable): Within 6 months of the grant of administration, the cohabitant must make a claim under the Act, or it's too late.

If you're in a relationship but not married, and you have significant assets (a house, savings, business), you must have a will.

It's not romantic to say this. It's practical.

The cost of a will (£100–£500) is nothing compared to the legal costs of a cohabitant's claim (£2,000–£10,000) or the heartbreak of discovering your partner gets nothing under intestacy.

Similarly, if you have children from a previous relationship and you're now in a new relationship, a will clarifies who gets what.

Intestacy law assumes: you're married, you have children with that spouse, and you want your spouse to inherit. If any of that is different, intestacy law will produce an outcome you didn't want.

• Check whether you need probate with our Do I Need Probate? guide
• If you need to apply, follow our How to Apply for Probate walkthrough
• Understand the tax implications with our Inheritance Tax guide
• Learn about executor responsibilities if you have been appointed administrator