15/10/2026
In England and Wales, if you die without a will, your estate is distributed in accordance to the rules of intestacy. These rules may not reflect your personal wishes. Here's what generally happens: if your— Married or in a civil partnership, your spouse or civil partner has significant inheritance rights, but whether they receive everything depends on whether you've got children or not.
If you have no children, your spouse or civil partner usually inherits the entire estate. If you have children, your spouse or civil partner receives all of your personal possessions: the first 322,000 of the estate, half of the remaining estate.
The other half of that remaining estate is divided equally amongst your children, and clearly that may not be what you wish. If you are not married or not in a civil partnership, even if you've lived with your partner for many years, your partner does not automatically inherit under the law of intestacy.
Instead, the estate generally passes in this order: children or their descendants, parents if they're still alive, full siblings or their descendants, half-siblings or their descendants, grandparents or ultimately aunts and uncles or their descendants. If there is no eligible relative that can be found, then the estate actually passes to the crown.
Who administers the estate? Well, if there's no will naming an executor, someone—usually a close relative—must apply to administer the estate.
They become the estate's administrator and performs the duties similar to those that you would name as an executor. Common issues where there is no will: unmarried partners were left without automatically inheriting; specific gifts and personal wishes are not legally recognized; the administration process can be more complicated; disputes among family members are more likely.
If you'd like the law of intestacy explained to you in great depth, or if you would like to understand how a will can protect against many of those issues, email me or call 07791 807311 for a completely free non obligatory chat—