When someone dies without a valid Will in England and Wales, their estate is distributed according to the rules of intestacy. These rules follow a strict hierarchy that may not reflect the deceased's wishes.
If the deceased was married/in a civil partnership WITH children: The spouse receives all personal possessions, the first £322,000 of the estate, and half of the remainder. The children share the other half equally.
If the deceased was married/in a civil partnership WITHOUT children: The spouse inherits the entire estate.
If the deceased was unmarried with children: The children inherit the entire estate in equal shares. If any child has died, their share passes to their own children.
If the deceased was unmarried without children: The estate passes in this order: parents, siblings (or their children), half-siblings, grandparents, aunts and uncles, half aunts and uncles. If no relatives can be found, the estate passes to the Crown.
Key points to note in 2026: Unmarried partners receive nothing under intestacy rules, regardless of the length of the relationship. Step-children do not inherit unless legally adopted. Friends and charities receive nothing.
The intestacy threshold of £322,000 was set in 2023 and is reviewed periodically, but has not changed for the 2026/27 period.
Making a Will is the only way to ensure your estate goes to the people you choose. At Castle Family Legal, Wills start from just £195. Contact us today.
