Intestacy Rules: Who Inherits When Someone Dies Without a Will
Who inherits without a will under AEA 1925 s.46 — the £322,000 statutory legacy, the order of relatives, why cohabitees get nothing, and 1975 Act claims.
Quick answer
When someone dies without a valid will in England and Wales, s.46 of the Administration of Estates Act 1925 fixes who inherits. A surviving spouse or civil partner with no children takes everything; with children, the spouse takes the personal chattels, a £322,000 fixed net sum (set by the 2023 Fixed Net Sum Order, with simple interest from the date of death) and half of the remainder, while the children share the other half. With no spouse, the order runs: children, parents, whole-blood siblings, half-blood siblings, grandparents, then uncles and aunts; if no relative qualifies, the estate passes to the Crown as bona vacantia. Unmarried partners and step-children inherit nothing — their route is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, normally within six months of the grant of representation. The most entitled relative administers the estate by applying for letters of administration on form PA1A; the fee is £526 for estates over £5,000 and nothing for estates of £5,000 or less.
Overview
When someone dies in England and Wales without a valid will, they die 'intestate' and their estate is distributed under the fixed statutory order in s.46 of the Administration of Estates Act 1925 — not according to what they would have wanted. A surviving spouse or civil partner comes first: if there are no children (issue), they take the whole residuary estate absolutely; if there are children, the spouse takes the personal chattels, a fixed net sum — currently £322,000, set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 — with simple interest from the date of death, plus half of whatever remains, with the other half held on the statutory trusts for the children. If there is no spouse, the estate works down a strict list of relatives, and if nobody qualifies it passes to the Crown as bona vacantia. Unmarried partners and step-children inherit nothing under these rules, however long the relationship — their only route is a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The estate is administered by the most entitled relative, who applies for letters of administration using form PA1A.
Who Can Use This Process
- Someone has died without leaving a valid will (or the will fails or does not dispose of the whole estate)
- You are the deceased's spouse, civil partner or closest living relative trying to work out who inherits
- You lived with the deceased but were not married or in a civil partnership and need to know your position
- You need to administer the estate and are considering applying for letters of administration
Step-by-Step Process
Confirm the person died intestate
Search thoroughly for a will: home papers, the deceased's solicitor, their bank, and a national will register search. Intestacy applies only if there is no valid will at all, or a will that fails or leaves part of the estate undisposed of. GOV.UK provides an official checker — 'Intestacy - who inherits if someone dies without a will?' — which applies the statutory rules to your answers.
- A will that only appoints executors but gives nothing away still changes who administers the estate
- Divorce does not revoke a will, but it cancels gifts to the former spouse — take advice if the family situation is complicated
Identify the surviving spouse or civil partner
The intestacy rules put a surviving spouse or civil partner first. Under s.46 AEA 1925, if the intestate leaves no issue (children or their descendants), the residuary estate is held for the surviving spouse or civil partner absolutely — they inherit everything. Only a legal spouse or civil partner at the date of death counts: separated-but-still-married spouses qualify, divorced ex-spouses do not, and unmarried partners never do.
- Jointly owned assets held as joint tenants pass automatically to the survivor outside the intestacy rules altogether
- If the couple were divorced or the civil partnership dissolved before death, the survivor takes nothing under s.46
Apply the £322,000 statutory legacy where there are children
If the intestate leaves both a spouse/civil partner and issue, s.46 divides the estate: the spouse takes the personal chattels absolutely, plus a fixed net sum charged on the rest of the estate, together with simple interest on it from the date of the death. The fixed net sum is currently £322,000, set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023. Whatever remains after the chattels and the fixed net sum is split in half: one half to the spouse absolutely, the other half on the statutory trusts for the children.
- If the whole estate is worth less than £322,000 plus the chattels, the spouse effectively inherits everything and the children take nothing
- The fixed net sum is CPI-indexed under Schedule 1A and updated by statutory instrument — check for a newer Order before distributing
Work down the statutory order if there is no spouse
With no surviving spouse or civil partner, s.46 directs the estate in a strict sequence: first to the issue on the statutory trusts; if none, to the parents (in equal shares if both alive); then to brothers and sisters of the whole blood; then of the half blood; then grandparents; then uncles and aunts of the whole blood, and finally of the half blood. Relatives in a higher class exclude everyone below — if any child survives, siblings and parents get nothing.
- 'Issue' includes grandchildren and remoter descendants, who step into a deceased parent's share under the statutory trusts
- Adopted children inherit from their adoptive family exactly as birth children would
Understand who inherits nothing — and the bona vacantia backstop
Cohabiting partners, step-children who were never adopted, in-laws, and friends receive nothing under the intestacy rules regardless of the length or closeness of the relationship. If the deceased leaves no qualifying relative at all, s.46 provides that the residuary estate belongs to the Crown (or the Duchy of Lancaster or the Duke of Cornwall) as bona vacantia. The Crown may make discretionary provision for dependants, but there is no right to it.
- Check the GOV.UK intestacy checker before assuming the estate is bona vacantia — the entitled classes reach as far as half-blood uncles and aunts
- A surviving cohabitee should take advice on a 1975 Act claim (step 6) rather than waiting for the estate to be distributed
Consider an Inheritance Act 1975 claim — and watch the six-month deadline
A cohabitant, step-child, dependant, or anyone the rules leave without reasonable financial provision may claim under the Inheritance (Provision for Family and Dependants) Act 1975. Section 4 imposes a strict time limit: an application shall not, except with the permission of the court, be made more than six months after the date on which representation to the estate is first taken out. Since 2014 the Act confirms nothing prevents making an application before representation is taken out, so a claimant does not have to wait for the grant.
- Diarise the six-month deadline from the date of the grant of letters of administration — late claims need the court's permission, which is discretionary
- Administrators should consider waiting before distributing where a potential claimant exists — early distribution can expose them personally
Apply for letters of administration (form PA1A)
Where there is no will, GOV.UK explains that the most 'entitled' person — the highest person in the intestacy order, usually the spouse or civil partner, then children — can apply to become the administrator of the estate. Apply online or by post using form PA1A. If the value of the estate is over £5,000, the application fee is £526; there is no fee if the estate is £5,000 or less. Extra sealed copies of the grant cost £2 each if ordered with the application, or £16 each afterwards.
- Order enough £2 sealed copies up front — each bank and asset-holder will want to see one
- Help with Fees may reduce or waive the £526 fee on low income — apply online or with form EX160
Administer and distribute strictly by the rules
Once letters of administration are granted, collect in the assets, pay debts and any Inheritance Tax, then distribute exactly in the s.46 order — the administrator has no discretion to depart from it, however unfair the outcome looks. Remember the statutory legacy carries simple interest from the date of death, payable primarily out of income. Keep full estate accounts, and take advice before distributing if any 1975 Act claim is possible or the family tree is uncertain.
- Use the GOV.UK intestacy checker to document who inherits and in what shares before paying anyone
- Consider professional genealogy searches (and missing-beneficiary insurance) where the entitled class is remote relatives
Costs
Important Warnings
Unmarried partners inherit nothing under the intestacy rules, no matter how long the relationship — their only route is a 1975 Act claim, normally within six months of the grant.
The statutory order is rigid: administrators must distribute exactly as s.46 directs and cannot adjust shares for fairness, need or estrangement.
The £322,000 fixed net sum is updated by statutory instrument (CPI-indexed) — always check for a newer Order before distributing an estate.
Useful Links
Frequently asked questions
- What does a surviving spouse or civil partner get on intestacy?
- If there are no children or other issue, the surviving spouse or civil partner takes the whole residuary estate absolutely. If there are children, the spouse takes the personal chattels, the fixed net sum of £322,000 with simple interest from the date of death, and half of the remaining estate absolutely; the other half is held on the statutory trusts for the children. If the estate is worth less than the fixed net sum, the spouse in practice inherits everything.
- Where does the £322,000 statutory legacy come from?
- From the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023, which sets the fixed net sum referred to in s.46(1)(i) of the 1925 Act at £322,000. The Order explains the sum is charged on the residuary estate in favour of the surviving spouse or civil partner where a person dies intestate leaving issue, and is recalculated under Schedule 1A by uprating the previous figure with CPI, rounded up to the nearest £1,000 — so check for newer Orders before distributing.
- My partner and I lived together but never married — do I inherit anything?
- Not under the intestacy rules: s.46 recognises only spouses, civil partners and blood (or adopted) relatives, so cohabitees receive nothing automatically. Your route is a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Take advice quickly — the claim should normally be issued within six months of the grant of representation, though it can be started even before representation is taken out.
- What is the deadline for a 1975 Act claim?
- Section 4 of the 1975 Act provides that an application shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation to the estate is first taken out. After six months you need the court's permission, which is discretionary. Since the 2014 amendments, nothing prevents making the application before representation is first taken out.
- What happens if there are no surviving relatives at all?
- The estate passes as bona vacantia: s.46 provides that the residuary estate belongs to the Crown, or to the Duchy of Lancaster or the Duke of Cornwall depending on where the deceased lived, in lieu of any right to escheat. The Crown may make discretionary provision for dependants, but nobody outside the statutory classes has any entitlement.
- Who administers an intestate estate and what does it cost?
- GOV.UK explains that where there is no will, the most 'entitled' person — the highest-ranking relative under the intestacy order — can apply to become the administrator of the estate, using form PA1A online or by post. The application fee is £526 if the value of the estate is over £5,000, and there is no fee if the estate is £5,000 or less; extra sealed copies of the grant cost £2 each with the application or £16 each later.