How intestacy rules work in England and Wales

A person dies intestate when they leave no valid will, or when their will does not dispose of all their assets. In these circumstances, the Administration of Estates Act 1925 (as amended) sets out a fixed order of priority for who inherits.

The intestacy rules apply in England and Wales. Scotland and Northern Ireland have separate but broadly similar rules. If the deceased lived primarily in another country, different rules may apply depending on the type of asset.

The intestacy rules work through a hierarchy. If a person in a higher category exists, those in lower categories receive nothing.

First priority: spouse or civil partner (who must have survived the deceased by 28 days). If the deceased also left children, the spouse receives the personal chattels, a fixed net sum (currently £322,000), and half the remainder. The other half goes to the children.

Second priority: children (including adopted children, but not stepchildren). If a child has already died, their share passes to their own children (the grandchildren of the deceased).

Third priority: parents of the deceased.

Fourth priority: full siblings (brothers and sisters who share both parents). If a sibling has already died, their share passes to their children.

Fifth priority: half-siblings (sharing only one parent).

Sixth priority: grandparents.

Seventh priority: full uncles and aunts. If an uncle or aunt has already died, their share passes to their children (cousins of the deceased).

Eighth priority: half-uncles and half-aunts (sharing only one grandparent with the deceased).

If none of the above relatives exist, the estate passes to the Crown as bona vacantia.

Several categories of people who might feel they deserve to inherit have no automatic entitlement under intestacy law. Cohabiting partners — no matter how long the relationship — receive nothing. Stepchildren and step-grandchildren receive nothing unless formally adopted. Friends, carers, and unmarried partners similarly have no claim.

This is a common source of confusion. A person might have lived with the deceased for decades, but without a will or formal legal relationship, they are not entitled under the intestacy rules.

Half-blood relatives are those who share only one parent with the deceased (or one grandparent, in the case of half-uncles and half-aunts). They are entitled to inherit, but only after full-blood relatives at the same level of the hierarchy have been considered.

In practice, if the deceased had no full siblings but did have half-siblings, the half-siblings would inherit. The half-blood rule simply means full-blood takes priority over half-blood at the same tier.

Demonstrating that you are entitled to claim requires documentary evidence of your family relationship to the deceased. This typically means birth certificates, marriage certificates, and death certificates for the connecting relatives in your family tree.

The further you are from the deceased in the family tree, the more documents you will need. A direct child needs only their own birth certificate and the deceased's death certificate. A first cousin needs to trace the line through a grandparent, an uncle or aunt, and their own parents — each step requiring its own certificates.

FindMyLegacy's case management system includes a document checklist to help you track which certificates you have gathered and which are still outstanding.

There is no time limit for a spouse, civil partner, or child to make a claim. For more distant relatives, the practical position is more complex.

The Crown has a discretion to make ex-gratia payments to relatives who are not legally entitled but who had a close connection with the deceased. These payments are considered on a case-by-case basis.

For estates that have already been paid into the National Purse (Treasury), a claim can still be made within 30 years of the deceased's death, though recovery becomes progressively harder after the first 12 years.