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Why a will matters, how the intestacy rules work, and what really happens if you die without one, explained in plain English.
Why it matters
A will sets out who receives your money, property and possessions when you die, and who you trust to carry out your wishes.
Without one, the law decides for you, and the result can be very different from what you’d want. It isn’t just for the wealthy or the elderly: if you own a home, have savings, have children or live with a partner you’re not married to, a will is one of the most important documents you’ll ever sign.
Leave your estate to the people and causes you choose, in the shares you choose.
Unmarried partners inherit nothing under the intestacy rules. A will makes sure they're provided for.
Name the people you'd want to raise your children if the worst were to happen.
Pick people you trust to manage your estate and carry out your wishes.
Thoughtful planning, such as gifts to a spouse or to charity, can reduce the tax your estate pays.
A clear will helps your loved ones deal with your estate more quickly, with less room for disagreement.
The laws of intestacy
If you die without a valid will, you’re said to have died “intestate”. Your estate is then shared out according to a fixed set of rules known as the laws of intestacy.
These rules follow a strict order of family relationships. They don’t take into account who you were close to, who depended on you, or what you told people you wanted. Only a husband, wife or civil partner and certain blood relatives can inherit. Unmarried partners, stepchildren, friends and charities receive nothing.
If you’re married or in a civil partnership and have children, your spouse or civil partner doesn’t automatically inherit everything. They receive your personal possessions, the first £322,000 of your estate and half of anything above that. Your children share the other half.
The rules on this page apply in England and Wales. Scotland and Northern Ireland have their own, different rules.
Each group only inherits if there’s nobody in the group before it. A spouse or civil partner shares with any children.
£322,000
The fixed sum a spouse or civil partner receives before any children share in the rest.
18
The age children inherit under the rules. Until then, their share is held on trust.
£0
What an unmarried partner inherits under the rules, however long you’ve been together.
The Crown
Receives your estate if no qualifying relatives can be found.
Interactive guide
Choose the situation closest to yours to see how the intestacy rules in England & Wales would share out your estate.
Your spouse or civil partner doesn’t automatically inherit everything. If your estate is worth more than £322,000, your children share in the rest.
Property, savings, investments and possessions
All personal possessions, the first £322,000 and half of anything above that.
Share the other half of anything above £322,000 equally, held on trust until each turns 18.
Receive nothing unless you name them in a will.
With a will, you decide how your estate is shared, appoint guardians for young children and choose the age they inherit.
Your spouse or civil partner inherits your whole estate, even if you’d have wanted your parents, brothers and sisters or anyone else to receive something.
Property, savings, investments and possessions
Inherits everything: all property, money and possessions.
Receive nothing while your spouse or civil partner survives you.
Receive nothing unless you name them in a will.
With a will, you can still provide for your partner while leaving gifts to family, friends or causes you care about.
There’s no such thing as a “common-law” husband or wife in England and Wales. However long you’ve lived together, your partner has no automatic right to inherit.
Property, savings, investments and possessions
Receives nothing under the rules, and may have to go to court to make a claim.
Inherit your estate in equal shares, held on trust until each turns 18.
Inherit instead if you don't have children.
With a will, you can provide for your partner and help secure their future in the home you share.
Your children inherit everything in equal shares. If one of your children has died before you, their own children take their place.
Property, savings, investments and possessions
Share your whole estate equally, held on trust until each turns 18.
Inherit their parent's share if your child has died before you.
Receive nothing unless you name them in a will.
With a will, you can appoint guardians, choose who manages your children’s inheritance and decide the age they receive it.
Your estate passes to your closest relatives in a strict order. Each group only inherits if there’s nobody left in the group before it.
Property, savings, investments and possessions
Inherit everything in equal shares.
Share equally if your parents have died. Their children inherit in their place.
Half-siblings, then grandparents, then aunts, uncles and cousins.
If no relatives can be found, your estate goes to the Crown.
Receive nothing unless you name them in a will.
With a will, you choose exactly who benefits, whether that’s family, friends, godchildren or a favourite charity.
A simplified guide to the intestacy rules in England & Wales, using the £322,000 fixed sum that applies to deaths on or after 26 July 2023. Property owned as “joint tenants” passes automatically to the surviving owner. This is general information, not legal advice.
Dying intestate
Dying without a will doesn’t just change who inherits. It changes who’s in charge, how long things take and how much stress your family faces.
Because you haven’t appointed anyone, a close relative has to apply to become the “administrator” of your estate, following a set order of who’s entitled.
Before they can deal with your bank accounts, property or investments, the administrator needs a grant from the Probate Registry, adding time and paperwork.
Everything you own is valued, and any debts, funeral costs and inheritance tax are paid from the estate.
What’s left is shared strictly under the intestacy rules, regardless of what you may have told family or friends you wanted.
With no guardians named, a court may decide who cares for your children. Partners and relatives who are left out may need to make a legal claim, which can be costly and stressful.
The difference a will makes
This page gives general information about the law in England & Wales and isn’t legal advice. Everyone’s circumstances are different, so please speak to us about your own situation.
Free, no-obligation quote
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