Intestacy rules explained — what happens when you die without a will

Dying intestate means dying without a valid will. The Rules of Intestacy then determine who inherits your estate in England and Wales.

The key rules

• Married/civil partner + children: spouse inherits first £322,000, then half the remainder; children split the other half
• Married/civil partner, no children: spouse inherits everything
• Unmarried partner: inherits nothing regardless of relationship length
• Children only (no surviving spouse): children split everything equally

Common misconception

Cohabiting partners — even those who have lived together for decades — have no automatic right to inheritance under intestacy. This catches many people completely off guard. A will is the only protection.

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