What Is Intestacy? UK Definition, Rules & Consequences

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Written by: SL · Reviewed by: SL, Estate Planning Specialist · Last updated: May 2026

Simple definition

A person who dies without leaving a valid will is said to have died intestate, and the situation is called intestacy. The estate — everything the deceased owned in their sole name at the date of death — is then distributed according to a fixed statutory order, regardless of what the deceased may have said or intended during their lifetime.

The phrase "partial intestacy" describes the related situation where a will exists but does not dispose of the whole estate (most often because the will has no residuary clause, or because a residuary beneficiary has died before the testator). The part not covered by the will falls under the intestacy rules; the rest is governed by the will.

Why intestacy matters

Intestacy matters because UK law does not adjust the rules to fit the deceased's actual relationships. The rules are arithmetic, and they apply identically to every household in England and Wales:

• A long-term cohabiting partner with shared children and a shared mortgage receives nothing.
• A surviving spouse with children does not automatically inherit the whole estate.
• Step-children, foster children, and unadopted children inherit nothing.
• Charities, friends, and unrelated dependants inherit nothing.
• Estranged relatives inherit on the same terms as close family.

The Ministry of Justice has estimated that roughly half of UK adults die without a will. For those estates, the intestacy rules — drafted in 1925 — are doing the inheritance planning. For most modern households, the result does not match what the deceased would have chosen.

UK legal context — the intestacy hierarchy

The order of priority is set out in section 46 of the Administration of Estates Act 1925 as amended. In priority order:

1. Spouse or civil partner (who must survive by 28 days)
2. Children — and grandchildren or great-grandchildren by representation (the "per stirpes" rule)
3. Parents
4. Brothers and sisters of the whole blood (or their descendants)
5. Brothers and sisters of the half blood (or their descendants)
6. Grandparents
7. Uncles and aunts of the whole blood (or their descendants)
8. Uncles and aunts of the half blood (or their descendants)
9. The Crown — known as bona vacantia

Spouse with children

Where the deceased is survived by a spouse or civil partner and children, the spouse takes:

• All the personal possessions ("personal chattels")
• The statutory legacy — currently £322,000 tax-free
• Half of anything above the statutory legacy

The other half above the statutory legacy is shared equally between the children (held on statutory trust until each reaches 18). The statutory legacy was raised from £270,000 to £322,000 on 26 July 2023, and is reviewed periodically.

Spouse with no children

The surviving spouse or civil partner takes the entire estate.

No spouse

If there is no surviving spouse or civil partner, the entire estate passes down the hierarchy, starting with children. Each level inherits only if there is no-one alive at the level above.

No relatives at all

The estate passes to the Crown as bona vacantia and is administered by the Government Legal Department (or, for estates in Cornwall and Lancashire, the relevant Duchy). Relatives discovered later can apply to reclaim the estate, typically within 12 years.

Common mistakes about intestacy

"My partner will inherit because we've lived together for years"

No length of cohabitation creates inheritance rights in UK intestacy law. A cohabiting partner of 30 years inherits the same as a cohabiting partner of 30 days: nothing. The only legal routes for a cohabiting partner are a will, jointly-held assets, nominated pension or life-insurance benefits, or a contested court claim under the Inheritance (Provision for Family and Dependants) Act 1975.

"My spouse gets everything automatically"

Only if there are no children. If there are children, the spouse takes the statutory legacy of £322,000 plus half the remainder; the other half passes to the children. For larger estates, this can leave the surviving spouse without enough to maintain the family home.

"Common law marriage protects us"

"Common law marriage" has no legal meaning in modern UK law. It is a colloquialism, not a status, and confers no inheritance rights. See our companion piece on the common law marriage myth.

"Step-children will be treated like my own"

Only legally adopted children are treated as children for intestacy purposes. Step-children who have never been adopted inherit nothing under the intestacy rules.

"My handwritten note will do"

A note that is not signed and witnessed in line with the Wills Act 1837 is invalid. The estate is then treated as intestate, and the rules above apply — your wishes do not.

How to avoid intestacy

The single document that overrides intestacy is a valid will. The Wills Act 1837 requires that the will is:

• In writing
• Signed by the testator (or by another person in their presence, at their direction)
• Witnessed by two adults who are present at the same time
• Witnessed by people who are not beneficiaries (and not married to a beneficiary)

A valid will lets you name beneficiaries, executors, and guardians for minor children — three things the intestacy rules do not allow you to control.

Frequently asked questions

What does intestacy mean in UK law?

Intestacy is dying without a valid will. The estate is distributed under the statutory intestacy rules in the Administration of Estates Act 1925, which set a fixed order of relatives who can inherit.

Who inherits under the UK intestacy rules?

Spouse or civil partner first, then children, then parents, siblings, grandparents, aunts and uncles, and finally the Crown if no traceable relative exists. Cohabiting partners and step-children inherit nothing.

Does a husband or wife inherit everything under intestacy?

Only if there are no children. If there are children, the spouse takes the personal possessions, the £322,000 statutory legacy, and half of the rest; the other half goes to the children.

What is partial intestacy?

A will exists but does not dispose of the entire estate — most often because there is no residuary clause. The part not covered by the will is distributed under intestacy.

How do you avoid intestacy?

By making a valid will under the Wills Act 1837 — in writing, signed by you, and witnessed by two non-beneficiary adults.

What happens to the estate if there are no relatives?

It passes to the Crown as bona vacantia. Relatives discovered later can apply to reclaim within 12 years.

Do step-children inherit under intestacy?

Only if they were legally adopted by the deceased. Step-children who were not adopted inherit nothing under the intestacy rules.

What is the statutory legacy in 2026?

£322,000 — the fixed sum a surviving spouse or civil partner takes from an intestate estate before any division with children. Reviewed periodically by the Ministry of Justice.