Intestacy Rules UK: Who Inherits With No Will (2026)

What this document is

Intestacy is the legal position that arises when someone dies without leaving a valid will, or where their will does not dispose of the whole of their estate. A person who dies in this position is described as having died intestate.

The distribution of their assets is then governed by the Administration of Estates Act 1925 (as amended), which sets out a fixed hierarchy of relatives entitled to inherit. Partial intestacy is a related but distinct situation: the deceased left a will, but parts of the estate are not covered by it, perhaps because a named beneficiary died first or a clause was poorly drafted.

In that case, the covered portion passes under the will and the remainder passes under the statutory rules. The estate itself includes everything the deceased owned at the date of death, such as property, bank accounts, investments, vehicles, personal belongings, and any debts that must be settled before anything is distributed. Jointly owned assets held as beneficial joint tenants usually pass outside the intestacy rules by survivorship.

How to use this document

1. Confirm there is no valid will. Search thoroughly before assuming intestacy. Check the deceased's paperwork, safe, solicitor, bank deposit box, and the National Will Register. A will found later can unwind decisions already taken, so this step matters. If a will exists but does not cover everything, you may be dealing with partial intestacy rather than full intestacy.
2. Identify the entitled beneficiaries. Work through the statutory order: surviving spouse or civil partner first, then children and their descendants, then parents, then siblings of the whole blood, and so on down the line. Cohabiting partners, no matter how long the relationship, are not entitled under the rules. Half-siblings, grandparents, and aunts or uncles appear further down the list.
3. Value the estate and settle liabilities. Compile a full picture of assets and debts at the date of death, including property, accounts, pensions, chattels, and any sums owed. Inheritance tax reporting to HMRC may be required depending on the value and make-up of the estate. Funeral costs, debts, and tax are paid before any distribution to beneficiaries.
4. Apply for letters of administration. The person entitled to administer an intestate estate, usually the closest relative under the statutory order, applies to the Probate Registry for a grant of letters of administration. This grant gives the administrator legal authority to collect in the assets, close accounts, sell or transfer property, and deal with third parties on behalf of the estate.
5. Distribute the estate under the statutory rules. Once debts, tax, and administration expenses have been paid, the administrator distributes what remains strictly in accordance with the intestacy rules. Keep clear records of every payment, obtain receipts from beneficiaries, and retain the estate accounts. Getting the split wrong can leave the administrator personally liable to underpaid beneficiaries.

Common questions