Who inherits when there is no will?
The statutory order of inheritance when there is no will, in plain English — including the spouse's statutory legacy and the gap that catches out unmarried partners. For England and Wales.
Reviewed by a qualified probate case manager
All figures on this page verified June 2026 against GOV.UK.
When someone dies without a valid will, they are said to have died intestate. There is no choice about who inherits — a fixed set of rules decides, in a strict order, regardless of what the person might have wanted. These rules apply to England and Wales.
The order of inheritance
Spouse or civil partner, and children
The surviving spouse or civil partner takes all the personal possessions, the first £322,000(the “statutory legacy”), and half of whatever is left above that. The children inherit the other half equally, with a child's share held until they turn 18.
Spouse or civil partner, no children
The surviving spouse or civil partner inherits the whole estate.
No spouse or civil partner
The estate passes down a fixed order: children first, then (if none) parents, then brothers and sisters, then more distant relatives. If no relative qualifies, the estate can pass to the Crown.
This is a plain-English summary of the statutory order. The full rules have more detail (for example how more distant relatives are ranked), so check the GOV.UK guidance for an unusual family situation.
Who deals with the estate?
With no will there is no named executor. Instead, the closest relative entitled to inherit applies for letters of administration on form PA1A, and then administers the estate just as an executor would. The executor's role page explains those duties.
Common questions
- Who inherits if there is no will?
- The intestacy rules set a fixed order. A surviving husband, wife or civil partner inherits first, then children, then more distant relatives. If there is a spouse and children, the spouse takes the possessions, a fixed statutory legacy and half the rest, and the children share the other half. An unmarried partner inherits nothing under these rules.
- How much does a surviving spouse get?
- If there are also children, the surviving spouse or civil partner takes the personal possessions, the first £322,000 (the statutory legacy), and half of anything above that. The children share the other half. If there are no children, the spouse inherits the whole estate.
- Who applies for probate when there is no will?
- The closest relative entitled to inherit applies for letters of administration on form PA1A. They then deal with the estate in the same way an executor would under a will.
Related guides
- Unmarried partners and inheritance with no willWhy an unmarried partner inherits nothing under intestacy — and what can be done.
- Do I need probate?Work out whether you need a grant of probate at all — and when you don't.
- The executor's role: duties and liabilityWhat an executor actually has to do — and what happens if you make a mistake.
All figures on this page verified June 2026 against GOV.UK. Reviewed by our probate case manager.