Rules of Intestacy (England & Wales)
Who Inherits if Someone Dies Without Leaving a Valid Will?

When someone dies without leaving a valid Will, their estate is distributed according to the Rules of Intestacy. These rules determine who is legally entitled to inherit and in what order.
The Rules of Intestacy only apply in England and Wales and can often produce outcomes that differ from what the deceased may have intended. Unmarried partners, stepchildren and close friends are not automatically entitled to inherit under these rules.
At Harrisons Private Client Solutions, our specialist genealogy and probate teams regularly assist solicitors, executors, local authorities and families in identifying the correct beneficiaries and administering intestate estates.
How Does Intestacy Work?
The order of inheritance depends on your family circumstances at the date of death.
If You Are Married or in a Civil Partnership
You have no children
Your surviving spouse or civil partner will inherit your entire estate.
You have children
Your surviving spouse or civil partner receives:
- All personal possessions (personal chattels)
- The first £322,000 of the estate (known as the statutory legacy)
- One half of the remaining estate
The remaining half of the estate is divided equally between your children.
If one of your children has died before you, their share normally passes equally to their own children (their descendants).
If You Are Not Married or in a Civil Partnership
The estate passes through the following order of priority.
1. Children
Your estate is divided equally between your children.
If a child has already died, their children usually inherit their parent's share.
2. Parents
If there are no children or descendants, your estate passes equally to your surviving parent or parents.
3. Brothers and Sisters
If your parents have also died, your estate is shared equally between your full brothers and sisters.
If a sibling has died before you, their children inherit their parent's share.
4. Half-Brothers and Half-Sisters
If there are no full siblings, your estate passes equally between surviving half-brothers and half-sisters.
5. Grandparents
If there are no surviving siblings, your grandparents inherit the estate equally.
6. Aunts and Uncles
If there are no grandparents, your estate passes equally between your surviving aunts and uncles.
Children of deceased aunts or uncles may inherit their parent's share.
7. Half-Aunts and Half-Uncles
If none of the above relatives survive, half-aunts and half-uncles inherit equally.
8. The Crown (Bona Vacantia)
If no entitled relatives can be identified, the estate passes to the Crown under the rules of Bona Vacantia.
Important Things to Remember
Unmarried Couples
Couples who live together but are not married or in a civil partnership do not automatically inherit under the Rules of Intestacy, regardless of how long they have lived together.
Adopted Children
Legally adopted children inherit in exactly the same way as biological children.
Stepchildren
Stepchildren do not automatically inherit unless they have been legally adopted.
Foster Children
Foster children are not entitled to inherit under the Rules of Intestacy.
Children Born Outside Marriage
Children inherit regardless of whether their parents were married.
Why Family Research Is Important
Many intestate estates require extensive family research before they can be distributed.
- Our specialist genealogists help:
- Identify missing beneficiaries
- Verify family trees
- Locate relatives worldwide
- Obtain family certificates
- Prepare family history reports
- Support probate and estate administration
This helps ensure the estate is distributed correctly and protects personal representatives from making incorrect distributions.
Need Help with an Intestate Estate?
Whether you're an executor, solicitor, local authority or believe you may be entitled to inherit, our experienced team can help.
We provide specialist support across:
- Probate Genealogy
- Missing Beneficiary Tracing
- Family Tree Research
- Estate Administration Support
- Wills & Probate
- Court of Protection
- Financial Asset Searches
📞 01923 943499
