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Phil Thomas
Senior Technical Support Consultant

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Understanding the rules of intestacy in the UK

Published  29 July 2026
   5 min read

If an individual dies intestate, their estate is distributed according to intestacy laws, which may not align with their wishes. This can be especially problematic for cohabiting couples, as unmarried partners do not usually inherit under the intestacy rules.

What are the intestacy rules?  

Intestacy rules determine how an estate is distributed when someone dies without a valid will (intestate). The rules vary across different parts of the UK and understanding them is crucial for ensuring your clients' estates are managed according to their wishes.  
   
The rules differ for England and Wales, Northern Ireland and Scotland. Let’s look at these differences:  

Intestacy rules in England and Wales

  • Spouse or civil partner
    • No children - The spouse or civil partner inherits the entire estate.
    • With children - The spouse or civil partner inherits all personal possessions, the first £322,000 of the estate, and half of the remaining estate. The other half is divided equally among the children. 
  • Children - If there is no surviving spouse or civil partner, the entire estate is divided equally among the children. 
  • Other relatives - If there are no children, the estate is distributed among other relatives in a specific order of priority (as shown in our easy-to-follow flow chart below). 
     

The rules of intestacy - England and Wales

Intestacy rules in Northern Ireland

  • Spouse or civil partner
    • No children
      • Estate up to £450,000 the spouse or civil partner inherits the entire estate. 
      • Estate over £450,000 with other relatives the spouse or civil partner inherits the first £450,000 of the estate, all personal possessions, and half of the remaining estate. The other half is divided equally among the other relatives.
    • With one child - The spouse or civil partner inherits all personal possessions, the first £250,000 of the estate, and half of the remaining estate. The child receives the remainder. 
    • More than one child - The spouse or civil partner inherits all personal possessions, the first £250,000 of the estate, and one third of the remaining estate. The other two thirds is divided equally among the children. 
  • Children - If there is no surviving spouse or civil partner, the entire estate is divided equally among the children. 
  • Other relatives - If there are no children, the estate is distributed among other relatives in a specific order of priority (as shown in our easy-to-follow flow chart below).    
     

The rules of intestacy – Northern Ireland 

Intestacy rules in Scotland

  • Spouse or civil partner
    • No children or grandchildren - The spouse or civil partner inherits the entire estate.   
    • With children or grandchildren - The spouse or civil partner inherits the deceased’s interest in the house, up to £473,000, furniture and household items up to £29,000, £50,000 of the balance and a third of the rest of the estate. The other two thirds are divided equally among the children (or their descendants).   
  • Children - If there is no surviving spouse or civil partner, the entire estate is divided equally among the children.
  • Other relatives - If there are no children or grandchildren, the estate are distributed among other relatives in a specific order of priority (as shown in our easy-to-follow flow chart below).    
     

The Rules of intestacy – Scotland

What can be done to avoid intestacy?  

Understanding the rules of intestacy is crucial for ensuring that your clients' estates are managed according to their wishes. This is particularly important for cohabiting couples. Unless they are married or in a civil partnership, a surviving partner does not automatically inherit under the intestacy rules, regardless of how long the couple lived together.
 
Advising clients to have an up-to-date will and to consider life cover options, such as joint ownership, beneficiary nomination and placing cover in trust, can help avoid the pitfalls of intestacy.

Frequently asked questions

The rules of intestacy in the UK determine how a person's estate is distributed if they die without a valid will, typically prioritising spouses or civil partners, children, adopted children and other qualifying relatives.

No. They only apply to assets that the person who died can leave to someone in their will. For example, the rules do not apply to:

  • property owned jointly with someone else that automatically passes to the surviving owner
  • life insurance policies that were set up to pay out to a named person either by beneficiary nomination or a trust

If someone dies without a will and has no children, their spouse or civil partner inherits the entire estate if they lived in England, Wales or Scotland.

If they lived in Northern Ireland, they will inherit the value of the estate up to £450,000, if the estate is worth more than £450,000 they will inherit the first £450,000 of the estate, all personal possessions, and half of the remaining estate. The other half is divided equally among the other relatives.

If there is no spouse or civil partner, the estate passes to other relatives in a strict order—starting with parents, then siblings, then more distant relatives. 

No. Unmarried partners do not inherit under the rules of intestacy.  

Adopted children are treated as biological children. Step-children do not automatically inherit unless they were legally adopted.   

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