Who inherits if there is no Will?
When someone passes away without writing a Will, many people ask, "Who inherits if there is no Will?" The answer lies in the rules of intestacy. These are legal rules that determine who will receive the estate when there is no Will. This guide explains who inherits what.
Intestacy rules in England and Wales
Intestacy rules apply when no valid Will exists. They set a fixed order of inheritance.
Surviving spouse or civil partner
- If there are no surviving children, the spouse or civil partner inherits the entire estate, including personal belongings and savings.
- If there are children, the spouse inherits:
- All personal possessions;
- The first £322,000 (called the statutory legacy);
- Half of the remaining estate;
- The other half is divided equally among the children.
Children (if no spouse or civil partner)
-
If there is no surviving spouse or civil partner, but there are children, the entire estate is divided equally between them, including adopted children.
Other relatives, if no spouse or children
If there is no spouse or children, the estate passes in this strict order:
- Parents;
- Siblings (or nieces and nephews if a sibling has passed away);
- Half-siblings;
- Grandparents;
- Aunts and uncles (full-blood first, then half-blood).
If none of the above survive, the estate goes to the Crown (Bona Vacantia).
Unmarried partners and step‑children
A spouse or civil partner is included in intestacy rules, but unmarried partners are not eligible, no matter how long they lived together. Stepchildren also cannot inherit unless they were legally adopted.
Other UK regions
The rules in Northern Ireland and Scotland differ slightly but follow a similar order of priority.
In Northern Ireland, the threshold values vary (£250,000 or £450,000, depending on the circumstances).
In Scotland, there are special rights known as prior rights for spouses and children, which must be settled before the rest of the estate is distributed.
What if you think you should inherit but are not named?
If you are not a close relative under intestacy rules but believe you should have inherited, for example, you were financially dependent on the deceased, you might be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This includes unmarried partners, carers, or step‑children. You will need legal advice to explore this option.
Alternatively, the rules do allow beneficiaries to agree to distribute the estate differently, as long as all entitled adults agree within two years of death.
Final thoughts: Who inherits if there is no will?
The short answer to who inherits if there is no Will is that it depends on who is alive and how they are related to the person who died. Priority goes to married or civil partners and children, then to more distant relatives. Without a Will, many people, such as cohabiting partners or friends, will not receive anything under intestacy rules.
Typical timeline and delays
In simple estates, beneficiaries often hear from the Executors within a few weeks. More complex estates, such as those involving property, multiple assets, or potential disputes, can take several months before formal notification. Some estates include interim payments to beneficiaries before final distribution.
Final summary
Being named in a Will entitles you to information and clarity. Executors should notify you early in the process, keep you informed about your inheritance, and let you know who is administering the estate. If probate has been granted, you can also access a copy of the Will from the registry. If you're unsure about your status or face delays, trusted legal advice can help clarify your rights and next steps.
Writing a Will is the surest way to direct your estate and help avoid stress, confusion, and unintended outcomes. Whether your loved ones are married, unmarried, or in blended families, a valid Will can ensure your wishes are followed.
