Back to Guides

Dying Without a Will in the UK: What Actually Happens

11 min11 Jan 2026

Dying Without a Will in the UK: What Actually Happens

When someone dies without a valid will, they've lost their only chance to decide what happens to everything they've worked for, and who raises their children.

The law takes over. Fixed rules apply. Your wishes, your relationships, your promises - none of it matters. A rigid formula determines who gets what, and it's often not what you'd want.

This guide explains exactly what happens when someone dies intestate in the UK, using real scenarios to show why these rules matter so much.

Table of Contents

What Is Intestacy? {#what-is-intestacy}

Intestacy is the legal term for dying without a valid will. When this happens, your estate is distributed according to strict rules set by Parliament, not according to your wishes.

These rules exist because the government needs a system for dealing with assets when someone hasn't left instructions. But they're blunt instruments. They can't account for your unique family situation, your relationships, or your intentions.

Who Counts as "Next of Kin"?

Under intestacy rules, there's a strict hierarchy of who can inherit:

  1. Spouse or civil partner
  2. Children (including legally adopted children, but not stepchildren)
  3. Grandchildren (only if their parent - your child - has died)
  4. Parents
  5. Siblings (whole blood, then half-blood)
  6. Grandparents
  7. Aunts and uncles
  8. Cousins
  9. The Crown (if no relatives can be found)

Notably absent from this list: Unmarried partners, stepchildren, close friends, godchildren, and charities.

Intestacy Rules: England and Wales {#intestacy-england-wales}

The rules in England and Wales were updated in 2014 and again in 2023 to increase the statutory legacy (the fixed amount a spouse receives).

The £322,000 Threshold

When a married person with children dies intestate, their spouse receives:

  • All personal possessions (furniture, cars, jewellery, etc.)
  • The first £322,000 of the estate (the "statutory legacy")
  • Half of everything above £322,000

The children share the other half of everything above £322,000.

Example: Sarah dies intestate with an estate worth £522,000. Her husband Mark receives:

  • All personal possessions
  • £322,000 (statutory legacy)
  • £100,000 (half of the remaining £200,000)
  • Total: £422,000 + possessions

Their two children share the remaining £100,000, receiving £50,000 each when they turn 18.

The Unmarried Partner Problem

This is where intestacy causes the most devastation. Under these rules, an unmarried partner has absolutely no right to inherit anything.

It doesn't matter if you've:

  • Lived together for 20 years
  • Raised children together
  • Bought a house together
  • Considered yourselves married in every way but the legal ceremony

If you're not married or in a civil partnership, the law treats you as strangers.

Real scenario: Tom and Lisa have lived together for 15 years. They have two children, ages 8 and 12. Their house is in Tom's name only because Lisa had bad credit when they bought it. Tom dies without a will.

Result: Lisa inherits nothing. The house goes to the children, held in trust until they're 18. Lisa could be forced to sell the family home to release the children's inheritance - or to pay the legal costs of administering the estate.

Intestacy Rules: Scotland {#intestacy-scotland}

Scotland has its own legal system and different intestacy rules under the Succession (Scotland) Act 1964.

Prior Rights and Legal Rights

Scotland gives the surviving spouse "prior rights" which include:

  • The right to the family home (up to £473,000)
  • Furniture and household items (up to £29,000)
  • A cash sum (up to £50,000 if there are children, £89,000 if not)

After these prior rights, the spouse also has "legal rights" to one-third of the moveable estate (one-half if no children).

Key difference from England: Scottish law is somewhat more generous to surviving spouses, but unmarried partners still receive nothing.

Intestacy Rules: Northern Ireland {#intestacy-northern-ireland}

Northern Ireland follows similar principles to England and Wales but with different thresholds.

Key difference: The statutory legacy is £250,000 (lower than England and Wales).

Real-Life Scenarios {#scenarios}

Scenario 1: "We're Not Married But Have Kids Together"

The situation: James and Emma have been together for 10 years. They have two children, ages 4 and 7. They own their home jointly as "tenants in common" with 60% in James's name and 40% in Emma's. James dies suddenly without a will.

What happens:

  • Emma gets nothing from James's share of the estate
  • James's 60% of the house goes to the children
  • Emma cannot sell or remortgage without court permission
  • The children's share is held in trust until they're 18
  • Emma may need to apply to court for maintenance for the children from the estate

What James wanted: For Emma to have everything, to raise the children in their home without financial stress.

Scenario 2: "My Kids Are From a Previous Relationship"

The situation: David is married to Sophie. He has two adult children from his first marriage. David and Sophie own a house worth £450,000 with no mortgage. David's total estate is worth £600,000. He dies without a will.

What happens:

  • Sophie receives: personal possessions + £322,000 + half of £278,000 = £461,000
  • David's two children share the remaining £139,000 (£69,500 each)
  • But the house is worth £450,000, and Sophie only has liquid rights to £461,000
  • Sophie may need to sell or remortgage the house to pay David's children their share

What David wanted: Sophie to live in the house for her lifetime, then everything to go to his children.

Scenario 3: "I Want My Partner, Not My Parents, to Inherit"

The situation: Oliver is 28 and has been with his girlfriend Amy for 5 years. They live together in a flat Oliver bought. Oliver's estate is worth £180,000 (mostly the flat equity). Oliver dies without a will.

What happens:

  • Amy gets nothing
  • Oliver's parents inherit everything
  • Amy must move out of the flat she's lived in for years
  • Oliver's parents are now her landlords (if they choose to let her stay)

What Oliver wanted: Everything to go to Amy, the person he planned to marry.

Scenario 4: "My Stepchildren Should Inherit"

The situation: Margaret has two stepchildren she's helped raise for 15 years since marrying their father. Her husband died three years ago. Margaret's estate is worth £300,000. She dies without a will.

What happens:

  • Her stepchildren get nothing
  • Her estate goes to her parents (if alive) or siblings
  • The children she raised have no legal claim

What Margaret wanted: To treat her stepchildren exactly as if they were her biological children.

What About Your Children? {#children}

If you die without a will, two critical things happen regarding your children:

1. Guardianship Is Decided by the Court

You cannot name guardians for your children without a will. A text message to your sister or a conversation with grandparents has no legal standing.

If both parents die:

  • Family members can apply to the court for a child arrangements order
  • The court decides based on "the child's best interests"
  • The process can take months
  • Different family members might apply, causing conflict
  • A judge who has never met your family makes the decision

2. Children Inherit at 18

Under intestacy rules, children receive their inheritance at 18. You cannot defer this to 21 or 25 when they might be more mature with money.

An 18-year-old receiving £100,000 might not make the wisest decisions. With a will, you can create a trust that releases money gradually - at 21 for education, 25 for a house deposit, 30 for the remainder. Without a will, they get it all at 18.

What About Your Possessions? {#possessions}

Your personal possessions - jewellery, watches, art, furniture, sentimental items - are treated as assets to be valued and distributed.

Under intestacy:

  • In England and Wales, personal possessions go to the spouse (if any)
  • If no spouse, they're valued and form part of the estate
  • Sentimental value is irrelevant
  • Family heirlooms go according to the rules, not tradition
  • Specific items you promised to specific people won't reach them

That engagement ring from your grandmother that you wanted your daughter to have? It might be sold to equalise the estate between beneficiaries. The watch you promised your godson? He's not a relative, so he gets nothing.

The Cost of Dying Intestate {#costs}

Sorting out an intestate estate is more expensive and time-consuming than probate with a will.

Why Is It More Expensive?

  1. Administrator appointment: Someone must apply to be administrator - this requires proving they're the correct next of kin
  2. Surety bonds: Administrators may need to provide a bond (insurance) guaranteeing proper administration
  3. Tracing beneficiaries: All potential beneficiaries must be identified and traced
  4. Disputes: Without clear wishes, disputes are more common and expensive to resolve
  5. Complex distributions: Calculating the statutory legacy and fractional shares adds complexity

Frequently Asked Questions {#faq}

Key Takeaways

  • Intestacy rules are rigid - They cannot account for your unique situation or wishes
  • Unmarried partners get nothing - This is the most common and devastating outcome
  • Stepchildren are excluded - Only biological or adopted children inherit
  • Courts decide about children - Without named guardians, a judge chooses who raises your kids
  • It costs more - Administering an intestate estate is more expensive and takes longer
  • A will is the only solution - There is no other way to ensure your wishes are followed

Next Steps {#next-steps}

Last updated: January 2026. This guide is for informational purposes only and does not constitute legal or financial advice. Intestacy rules differ between England & Wales, Scotland, and Northern Ireland as described above. Seek professional advice for complex situations.

Last updated: 11 January 2026