What happens if I die without a will in the UK?
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In short: The intestacy rules decide who inherits. In England and Wales, an unmarried partner receives nothing. A spouse with children receives personal items, £322,000, and half of the rest; children share the other half. Scotland and Northern Ireland have different rules.
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Reviewed by Kaiser Khan
Dying without a valid will is called dying 'intestate'. The order of inheritance is fixed by statute and ignores your relationships, wishes or who needs the money. Plain-English overview: [intestacy rules](swiftwill.co.uk/intestacy-rules*).
England and Wales: married/civil partner with no children inherits everything. With children, the spouse takes personal possessions, a £322,000 statutory legacy (since July 2023), and half of the residue; children share the other half on reaching 18. Unmarried partners, step-children and friends inherit nothing under intestacy.
Scotland uses 'prior rights' and 'legal rights' (which cannot be disinherited even by a will). Northern Ireland has its own rules. To avoid intestacy on a simple England and Wales estate, [make a will online](swiftwill.co.uk*) or instruct a solicitor.
Primary source: gov.uk/inherits-someone-dies-without-will
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