UK Inheritance Rights: Spouses & Children Explained

Overview

Inheritance rights are the legal entitlements that determine who receives a person's assets after they die. In England and Wales, two frameworks sit side by side. The first is the will itself, where it exists, which sets out the deceased's wishes and names beneficiaries.

The second is the statutory regime, made up of the intestacy rules for people who die without a valid will, and the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain close relatives and dependants to ask the court for reasonable financial provision even where they have been left out or given very little. Spouses and civil partners sit at the top of the priority list under the intestacy rules.

Biological and legally adopted children have automatic rights too, although stepchildren generally do not unless they have been adopted. Cohabiting partners, however long the relationship, have no automatic entitlement under intestacy, which catches many families by surprise. Understanding which framework applies to your circumstances is the first step to planning properly.

Key steps

1. Check whether there is a valid will. Before anything else, find out if the person has made a will and whether it meets the legal requirements of being signed, witnessed and not revoked by a later marriage or document. A will that turns out to be invalid will be treated as if it never existed, and the intestacy rules will apply instead. This single point changes who inherits and in what shares, so it is worth taking time to get right.
2. Identify who the surviving relatives are. The intestacy rules work through a strict order of priority: spouse or civil partner first, then children, then parents, siblings, and more distant relatives after that. Make a clear list of who is alive, who has predeceased, and whether any children of a deceased child are still living, since grandchildren can step into a parent's share. Unmarried partners and stepchildren do not feature on this list, which is often a shock.
3. Work out how the estate is actually held. Not every asset passes under a will or through intestacy. Jointly owned property held as joint tenants passes automatically to the surviving owner by survivorship. Pensions and life policies written in trust go to named beneficiaries outside the estate. Only the assets that fall into the estate itself are distributed under the will or the intestacy rules, so the headline value of someone's wealth can be misleading.
4. Consider whether a 1975 Act claim is possible. If a spouse, child, cohabitant of at least two years, or other dependant has been left without reasonable financial provision, they may be able to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975. Strict time limits apply, usually six months from the grant of probate, so anyone considering a claim needs to act quickly and take guidance on their prospects.
5. Put a proper plan in place for the future. Once you understand the default position, you can decide whether it actually reflects what you want. A well-drafted will, sensible use of trusts, and clear nominations on pensions and life cover are the main tools for shaping what happens on death. Reviewing the plan after major life events such as marriage, divorce, birth of a child, or the purchase of property is just as important as making it in the first place.

Common questions