Who Inherits If Someone Dies Without A Will?

If someone dies without making a will, the term used is that they die intestate. Succession to real and personal estate on intestacy is governed by s 46 of the Administration of Estates Act 1925.

Once taxes and debts have been paid, the rest should be distributed or held on trust as follows:

• If the intestate leaves a spouse or civil partner but no children or grandchildren, the surviving spouse or civil partner will take the estate absolutely.
• If the intestate leaves a spouse or civil partner and children or grandchildren:
  • The surviving spouse or civil partner will take the personal chattels absolutely.
  • The intestate's residuary estate, other than the personal chattels, will be charged with the payment to the surviving spouse or civil partner a net fixed sum of £322,000 if the intestate died on or after 26 July 2023. If they died before that date, the relevant statutory legacy for the date of death applies. This sum is free of death duties and costs. It is paid with accrued interest from the date of the death at the Bank of England rate until paid or appropriated.
  • After the personal chattels and fixed sum have been given to the spouse or civil partner, the remaining amount is divided as:
    • one half in trust for the surviving spouse or civil partner absolutely;
    • the other half in the statutory trusts for the children of the intestate.
• If the intestate leaves children but no spouse or civil partner, the residuary estate will be held in the statutory trusts for their children.
•  If the intestate leaves no spouse or civil partner and no children but one or both parents are living, the residuary estate is held in trust for the parents absolutely, in equal shares if both parents are living.
• If the intestate leaves no spouse or civil partner and no children or parents, the residuary estate will be held in trust for the following people living at the date of death of the intestate, and in the following order and manner:
  • in the statutory trusts for full siblings;
  • in the statutory trusts for half siblings;
  • for grandparents and, if more than one, in equal shares;
  • in the statutory trusts for full uncles and aunts of the intestate, being full brothers or sisters of a parent of the intestate;
  • in the statutory trusts for half uncles and aunts of the intestate, being half brothers or sisters of a parent of the intestate; and
  • if there is no relation living which fits any of the categories above, the estate will belong to the Crown, the Duchy of Lancaster, or the Duke of Cornwall. The Bona Vacantia Division administers these unclaimed estates. Entitled relatives may be able to make a claim if they later discover that they had a right to administer the estate, but only for 30 years after the date of death.

If a beneficiary mentioned above has predeceased the intestate person but leaves children, their children take the share their parent would have received and, if more than one, in equal shares.

It is possible for the unmarried partner and any other people who were financially dependent on the deceased to make a claim against the estate under the Inheritance (Provision for Family and Dependants Act) 1975.

More information is available in the By Lawyers Letters of Administration guide.