What happens if you die without a will in England and Wales?

This guide is general information about the law in England and Wales, not legal advice. Every situation is different, so please speak to us or another qualified adviser before acting on it.

The short answer

• Married or in a civil partnership with no children: your husband, wife or civil partner inherits everything.
• Married or in a civil partnership with children: your spouse or civil partner gets your personal possessions, the first £322,000 and half of the rest. Your children share the other half.
• Not married and not in a civil partnership: your children inherit. If you have none, it goes to other relatives in a set order.
• Living together but not married: your partner has no automatic right to inherit under the intestacy rules.

These are the rules for England and Wales. Scotland and Northern Ireland have different rules.

If you're married or in a civil partnership

To inherit under the intestacy rules, a husband, wife or civil partner must have been married to you or in a civil partnership with you when you died. A spouse you'd separated from but not divorced from can still inherit. A divorced ex-spouse, or a former civil partner after dissolution, can't.

With no children, grandchildren or great-grandchildren

Your spouse or civil partner inherits the whole estate.

With children

For deaths on or after 26 July 2023, your spouse or civil partner gets:

1. all your personal property and belongings
2. the first £322,000 of the estate
3. half of anything above £322,000

The other half of anything above £322,000 is shared equally between your children. If one of your children has already died, their children (your grandchildren) take their parent's share. Children under 18 don't receive their share outright until they turn 18.

Example: if a married parent with two children dies without a will, leaving an estate of £522,000 that's all in their sole name, their spouse would receive the personal belongings, £322,000 and half of the remaining £200,000 (£100,000). Each child would receive £50,000.

If you're not married or in a civil partnership

Everything goes to your children (or grandchildren in place of a child who has died) in equal shares. If you have no descendants, the estate passes in a fixed order: your parents, then brothers and sisters (or their children), then half-brothers and half-sisters, then grandparents, then aunts and uncles (or their children), then half-aunts and half-uncles. If there are no relatives entitled to inherit, the estate passes to the Crown.

Unmarried couples: the biggest risk

However long you've lived together, and even if you have children together, a cohabiting partner doesn't inherit anything under the intestacy rules. A partner left out in this way may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. That means going to court, with no guaranteed outcome, at a very difficult time.

The government consulted on reforms for cohabiting couples in 2026, but as of October 2026 the law hasn't changed. If you live with a partner and aren't married or in a civil partnership, a will is the only reliable way to make sure they inherit.

What isn't covered by the intestacy rules

• Jointly owned property: if you own your home as "joint tenants", GOV.UK explains it automatically goes to the other owner when you die, with or without a will. If you own it as "tenants in common", your share passes under your will, or under the intestacy rules if there's no will.
• Joint bank accounts usually pass to the surviving account holder.
• Pensions and life insurance are often paid according to the scheme's rules or a nomination form, rather than under the will or intestacy rules. Check that your nominations are up to date.

Other problems with having no will

• No guardians for your children. A will is where you name who should look after children under 18 if both parents die.
• No choice of who deals with your estate. Without a will, there are no executors, and the person entitled to apply to deal with the estate is decided by fixed rules.
• Stepchildren, friends and charities get nothing unless you leave them something in a will.
• Children may inherit at 18, which can be younger than you'd choose.
• Possible extra inheritance tax. Leaving everything to a spouse or civil partner is free of inheritance tax. When part of an estate goes elsewhere, tax may be due on estates above the thresholds. See our inheritance tax guide.

Making a valid will

GOV.UK says that for a will to be legally valid, you must be 18 or over, make it voluntarily, be of sound mind, and make it in writing. You must sign it in the presence of 2 witnesses who are both over 18, and they must sign it in your presence. Your witnesses, and their married partners, can't inherit anything under your will. GOV.UK also recommends reviewing your will every 5 years and after major life changes. In particular, getting married cancels any will you made before.

Couples often choose mirror wills. Our prices are £59 for a single will and £99 for mirror wills for a couple, with no VAT. We agree the price on a free call before any work starts.

Sources: GOV.UK: Inheritance if there's no will (rules of intestacy); GOV.UK: Make a will; GOV.UK: Joint property ownership; HMRC Inheritance Tax Manual IHTM12122; GOV.UK: A fairer end to relationships (consultation, 2026). Checked 23 October 2026.