What happens to your estate if you die without a valid will: the intestacy order of who inherits, the £322,000 surviving-spouse statutory legacy, and why unmarried partners are left out.
If you die without a valid will, your estate is shared out under fixed statutory rules — the intestacy rules — not according to what you might have wanted. These rules follow a strict order of relatives and leave no room for friends, charities or unmarried partners, however close the relationship was.
Where there is a surviving spouse or civil partner and children, the spouse takes all the personal possessions, a statutory legacy of £322,000 (the figure set since 26 July 2023 and still current in 2026), and half of anything left over. The other half is divided equally between the children, held on trust until they reach 18.
Where there is a surviving spouse or civil partner but no children, the spouse inherits the entire estate. This is one reason the rules can produce harsh results in blended families — children from an earlier relationship may receive nothing if the estate is below the threshold.
Unmarried partners and step-children have no automatic right to inherit under intestacy, no matter how long you lived together. If there is no spouse, the estate passes down a set order: children, then parents, then siblings, then more distant relatives, and ultimately to the Crown if no relatives can be found.
Not automatically. Cohabiting partners are not recognised by the intestacy rules and can be left with nothing, even after decades together. They may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that is uncertain, stressful and time-limited — making a will avoids it entirely.
Where there are also children, the spouse or civil partner receives the personal belongings, the first £322,000 as a statutory legacy, and half of the remainder; the children share the other half. Where there are no children, the spouse takes everything.
Sometimes the family can agree a deed of variation to redirect inheritances, and some people may have a claim under the 1975 Act. These routes are complex and have strict deadlines, so take advice early. The Counsel can explain how the rules apply to your situation, but it provides information rather than advice and cannot act for you.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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