What happens if someone dies without a will

When someone dies without a valid will, their estate passes under the intestacy rules in the Administration of Estates Act 1925, as amended. The rules are fixed. They don’t take account of what the person would have wanted or who looked after them.

Who inherits

• Spouse or civil partner, no children: the spouse or civil partner inherits the whole estate.
• Spouse or civil partner and children: the spouse takes the personal possessions, a fixed sum known as the statutory legacy, and half of anything above that. The children share the other half.
• Children, no spouse: the children share the estate equally. If a child has died leaving children of their own, those grandchildren take their parent’s share.
• No spouse or children: the estate passes to parents, then brothers and sisters (or their children), then half-siblings, grandparents, aunts and uncles, in that order.
• No relatives in those classes: the estate passes to the Crown.

The statutory legacy is updated from time to time; check the current figure on GOV.UK.

Who is left out

Unmarried partners, however long the relationship. Stepchildren who weren’t adopted. Friends and carers. Charities the person supported. Some of these people may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. See contested wills and inheritance claims.

Property owned jointly

Property owned as joint tenants passes automatically to the surviving owner, outside the intestacy rules. Property owned as tenants in common forms part of the estate.

Dealing with the estate

The person entitled applies for letters of administration, which works like probate. Intestate estates are often more complicated to administer, particularly where relatives have to be traced or there are minor beneficiaries, whose shares are held on trust until they are 18.

Common questions