The UK Intestacy Rules Flowchart: Who Inherits What When There's No Will?

When someone dies without a valid will in England and Wales, the intestacy rulesdecide who inherits — not the deceased's wishes, not family assumptions, and not whoever shouts loudest. The order is fixed by law, starting with a spouse or civil partner and working outwards through the family tree. Use the step-by-step flowchart below to find out exactly where you or your relatives stand.

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What Does Dying Intestate Mean?

“Intestate” simply means dying without a valid will. It happens more often than most people expect — around 58% of UK adults have nothing in place. When it does, the Rules of Intestacy (set out in the Administration of Estates Act 1925, updated by the Inheritance and Trustees' Powers Act 2014) take over. The estate goes to whoever the law says, not whoever the deceased would have chosen.

These rules apply to England and Wales only. Scotland operates under different legislation, and Northern Ireland has its own separate framework. For a detailed walkthrough of the underlying legislation — including statutory legacy amounts, who is excluded, and how deeds of variation work — see our guide to the law of intestacy.

The Intestacy Rules Flowchart: Step by Step

Work through each question in order. Stop at the first “Yes” — that group inherits the estate.

Step 1: Were they married or in a civil partnership?

Yes: The surviving spouse or civil partner inherits first. If the estate is worth £322,000 or less, they receive everything. Above that figure, they receive £322,000 outright, all personal possessions (furniture, vehicles, jewellery), and half of whatever remains. The other half goes to surviving children.

No: Move to Step 2. Unmarried partners — however long the relationship — receive nothing under the intestacy rules.

Step 2: Did they have children or grandchildren?

Yes:Children inherit in equal shares. If a child predeceased the deceased, that child's own children (the grandchildren) step into their place and share equally. Children inherit from age 18.

No: Move to Step 3. Note: stepchildren who were never legally adopted are not included.

Step 3: Are either parents still alive?

Yes: The estate passes to the surviving parent or parents in equal shares.

No: Move to Step 4.

Step 4: Do they have brothers or sisters?

Yes:Full siblings inherit equally. If a sibling died before the deceased, that sibling's children inherit their parent's share.

No: Move to Step 5. Half-siblings inherit only if there are no full siblings.

Step 5: Are any grandparents alive?

Yes: The estate is divided equally among surviving grandparents.

No: Move to Step 6.

Step 6: Do they have aunts or uncles?

Yes: Full aunts and uncles share the estate equally. If an aunt or uncle died before the deceased, their children (cousins of the deceased) inherit that share.

No: The estate passes to the Crown as bona vacantia. More on this below.

The Spouse or Civil Partner: What Do They Actually Get?

The £322,000 statutory legacy — updated in July 2023 and index-linked going forward — is a fixed first slice. On top of that, the surviving spouse receives all personal chattels: the car, furniture, clothing, jewellery, anything moveable and tangible. If there are no surviving children, the spouse takes the entire estate, no matter how large.

One detail that often surprises people: cohabiting partners inherit nothingregardless of how long they lived together. The law does not recognise the “common law spouse” — that concept has no legal standing in England and Wales. An unmarried partner's only option is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is uncertain and expensive.

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When the Estate Passes to the Crown

Reach the bottom of the flowchart with no surviving relatives and the estate passes to the Crown as bona vacantia— Latin for “ownerless goods.” The Government Legal Department adds it to the official unclaimed estates register, where it can sit for up to 30 years before the Crown formally administers it.

This matters more than most people realise. Distant relatives — second cousins, half-siblings, great-nieces — can still make a claim for up to 30 years from the date of death. But you have to know the estate is there first. Use the intestacy entitlement checker to see whether you could qualify as a beneficiary under the law of intestacy. Then search the Bona Vacantia list on FindMyLegacy — it's free, and phonetic matching catches spelling variations that a simple name search would miss.

The Simplest Way to Avoid All of This

Write a will. A professionally drafted will typically costs from around £150 and takes less than an hour to arrange. It lets you leave your estate to exactly the people you want — including unmarried partners, stepchildren, friends, and charities — appoint guardians for young children, name your own executor, and potentially reduce the inheritance tax your estate pays.

Dying without one means the intestacy rules decide everything. And as the flowchart above shows, those rules can produce results that bear no resemblance to what the deceased would have wanted.

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Frequently Asked Questions

Does a spouse automatically inherit everything if there's no will?

Only if the estate is worth £322,000 or less, or if there are no surviving children. Above that threshold, children share half of the surplus even if a spouse survives. Large estates can mean a spouse receives significantly less than the full amount.

Can an unmarried partner inherit under intestacy?

No. Cohabiting partners have no automatic right to inherit under the Rules of Intestacy, regardless of how long they lived together or shared finances. Their only route is a court claim under the Inheritance (Provision for Family and Dependants) Act 1975 — which is not guaranteed to succeed and can take months.

What happens if someone dies with absolutely no relatives?

The estate passes to the Crown as bona vacantia and is added to the Government's unclaimed estates register. It stays there for up to 30 years. Distant relatives who come forward can still claim — but they need to find the estate first.

Does the oldest child inherit more?

No. Children inherit in equal shares under the intestacy rules, regardless of age, birth order, or the nature of their relationship with the deceased. All legitimate, biological, and legally adopted children are treated the same.

What if the deceased had children from a previous relationship?

All biological and legally adopted children share equally — including children from earlier relationships. Stepchildren who were not formally adopted have no entitlement under the intestacy rules, even if the deceased treated them as their own.

How long do I have to claim an intestate estate?

If the estate has passed to the Crown as bona vacantia, you generally have 30 years from the date it was referred to submit a claim. That said, acting sooner is always better — assets can be harder to trace, and the Crown may have already begun administering the estate.