Tax & estate planning guide
What happens if you die without a will?
If someone dies without a valid will in England and Wales, they die “intestate”. The law then decides who inherits the estate under the rules of intestacy — which may not reflect the person's wishes or family circumstances.
No valid will
The intestacy rules replace the instructions a will would otherwise provide.
The rules determine which relatives inherit and in what order. They apply when there is no valid will, and can also apply to parts of an estate that a will does not effectively dispose of.
The exact outcome depends on the family relationships that exist when the person dies.
The law follows defined relationships and statutory rules rather than deciding who the deceased would probably have wanted to benefit.
Spouse or civil partner
A surviving spouse or civil partner has significant rights — but may not always receive everything.
If the deceased has a spouse or civil partner but no children, the spouse or civil partner normally inherits the whole estate under the England and Wales intestacy rules.
If there are children, the surviving spouse or civil partner receives the deceased's personal possessions, a statutory legacy and half of the remaining estate. The other half of the remaining estate passes to the children under the rules.
Because the amount is periodically updated, estate planning should not rely on an old figure remaining current.
Cohabiting couples
There is no automatic intestacy inheritance for an unmarried partner.
A partner who was not married to, or in a civil partnership with, the deceased does not automatically inherit from the estate under the intestacy rules.
They may own assets jointly that pass outside the estate depending on the ownership structure, and in some circumstances they may be able to bring a legal claim against the estate. But that is very different from being automatically provided for under a will.
For unmarried couples, a properly drafted will can therefore be particularly important.
Children & descendants
Children can inherit directly or through the family line.
Where there is no surviving spouse or civil partner, children generally inherit the estate equally. If a child died before the deceased but left children of their own, those descendants can generally inherit their parent's share under the statutory rules.
Where a beneficiary is under 18, their entitlement is normally held until they reach the relevant age under the intestacy provisions.
No spouse or children
The law moves through other classes of relatives.
If there is no surviving spouse, civil partner or qualifying descendant, the estate can pass to other relatives in a statutory order — potentially including parents, siblings and their descendants, half-siblings and their descendants, grandparents, and uncles or aunts and their descendants.
If there are no relatives entitled under the intestacy rules, the estate can pass to the Crown as bona vacantia.
If you want people or organisations outside the statutory family order to benefit, a will is normally required.
Estate planning
A will gives you control that intestacy does not.
Choose beneficiaries
Specify who should receive your estate rather than relying on the statutory order.
Choose executors
Nominate the people you want to administer your estate.
Family circumstances
Plan for unmarried partners, blended families and other relationships the intestacy rules may not reflect.
Wider planning
Coordinate the will with asset ownership, pensions, life insurance, trusts and tax planning.
A solicitor or other appropriately qualified legal professional should advise on drafting and updating the will.
Estate planning
Does your wider financial plan reflect who you want to benefit?
We can help coordinate your financial arrangements with your estate-planning objectives, while a legal professional handles the will itself.
Book a conversationThis guide describes the intestacy framework in England and Wales and is for general information only. Scotland and Northern Ireland have different succession rules. It is not personal legal, tax or financial advice. Intestacy and estate administration depend on individual circumstances and the law can change. Current GOV.UK guidance checked on 16 September 2026.