About half of adults in the UK don't have a will. If you die without one, your estate is shared out under a fixed set of rules called the intestacy rules. They're the same for everyone, whatever your family looks like and whatever you'd have wanted.
The order of inheritance
- Husband, wife or civil partner. If there are no children, they get everything. If there are children, they get your personal belongings, the first £322,000 and half of anything above that.
- Children (or grandchildren if a child has died). They share everything else equally, and get it outright at 18.
- Parents.
- Brothers and sisters, then half-brothers and half-sisters (or their children).
- Grandparents, then aunts and uncles (or their children).
- The Crown, if there's nobody left.
Try our calculator to see what this means for you.
Who gets nothing
- Unmarried partners, however long you've been together.
- Stepchildren you haven't legally adopted.
- Friends, carers, godchildren and charities.
"My husband or wife gets everything anyway"
It's one of the most common misunderstandings. If you have children and your estate is over £322,000, your spouse doesn't get it all. The children's share can tie up part of the family home, and a spouse may need their children's agreement to sell. If children are under 18, their share is held for them until they turn 18, then handed over outright.
Other problems with no will
- No guardians named for young children.
- No choice of executor, so it can take longer to sort out.
- No protection for a disabled relative's benefits, or for children from a first marriage.
- No inheritance tax planning.
Putting it right is usually simple. A will lets you decide who inherits, who's in charge and who looks after your children. Talk to a specialist.
Frequently asked questions
Who deals with the estate if there's no will?
The closest relative entitled to inherit usually applies for letters of administration to become the administrator. It's often slower and more complicated than when there's a will naming executors.
Can family agree to change who inherits?
Yes. Everyone who inherits can agree to redirect their share using a deed of variation, usually within two years. But everyone affected must agree, and children under 18 can't sign one.
Do the rules apply in Scotland?
No. Scotland and Northern Ireland have their own intestacy rules. This guide covers England and Wales.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.