What happens if there's no will (intestacy) in the UK
Last reviewed June 2026 by Naomi Jackson
Short answer
Dying without a will is called 'intestacy'. The law sets out who inherits and in what order, there's no discretion. The rules are different in Scotland.
England, Wales and Northern Ireland
If the deceased had a spouse or civil partner and the estate is under £322,000, the spouse inherits everything. Above £322,000 the spouse gets the first £322,000 plus half of what remains; the other half is split between any children.
If there's no spouse, the estate passes to children equally, then to parents, then to siblings, then to grandparents, then to aunts and uncles.
Unmarried partners do NOT inherit under intestacy. They can sometimes claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Scotland
Scotland has 'prior rights' and 'legal rights'. The surviving spouse has prior rights to the family home (up to £473,000), furniture (up to £29,000) and cash (up to £50,000 with children, £89,000 without).
After prior rights, children and the surviving spouse have legal rights to a share of the moveable estate. The rest passes under the rules of intestate succession.
Who applies for the grant
Without a will, the closest relative applies for Letters of Administration (or Confirmation in Scotland), the equivalent of a grant of probate. They're called the 'administrator' rather than 'executor'.
Frequently asked questions
Does the partner inherit if we lived together but weren't married?
Not automatically. They have no automatic right under intestacy. They may have a claim if they were financially dependent or had shared children, but it requires a court application.
What about step-children?
Step-children don't inherit under intestacy unless they were legally adopted. Only biological and adopted children are in the line of succession.
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