When someone dies without leaving a valid Will, their estate is distributed according to the rules of intestacy. These rules set out exactly who can inherit, and in what order, based purely on family relationships, not personal wishes.
The flowchart below explains, step by step, how an estate is divided under intestacy in England and Wales. It shows who stands to inherit depending on whether there is a surviving spouse, children, parents, or other relatives, and what happens if no relatives can be found.
Intestacy rules (England and Wales)
Follow the questions in the left column and read the outcomes on the right:
| Question or step | Who inherits / what happens |
|---|---|
| Was there a valid Will? | If yes, the Will decides. If no, please follow the rules below. |
| Was the deceased married or in a civil partnership? | If yes, please go to the next question.
If no, please skip to No surviving spouse below. |
| Did they have any children, grandchildren or great-grandchildren? | If yes, the spouse or civil partner receives:
The children share the other half equally. If a child has died, their children inherit that share. |
| No surviving spouse or civil partner | The estate passes in this order:
|
As you can see, the intestacy process can quickly become complex, and it rarely reflects what most people would actually want to happen to their estate. The best way to ensure your wishes are followed and to make things easier for your loved ones is to leave a valid, well-written Will.
Our experienced legal team can guide you through every step of Will writing, ensuring your estate passes to the people and causes you care about most.
To arrange an appointment or discuss writing or updating your Will, contact our team today.