The laws of intestacy in the UK

If you die without a valid will your estate becomes intestate, and the laws of intestacy determine who will inherit your estate.  This could mean your assets and possessions may not go to the people you’d expect, or want, to benefit. 

The laws of intestacy are statutory rules which differ depending on where you live in the UK.  There are specific rules governing succession and separate laws operate in England and Wales, Northern Ireland and Scotland. 

Commonly, across the individual laws, there's a hierarchy for who inherits depending on the family and relatives that survive you. 

For example, if you are married or in a civil partnership but have no children then your spouse or civil partner will usually inherit your whole estate.  If you have children but no spouse or civil partner, then your children will inherit your whole estate.

If you are married or in a civil partnership (CP) and have children, then there are specific rules around that. Your spouse/CP or children will usually be entitled to certain rights and amounts with any excess being divided between them.  This varies depending on which country’s law applies.

If you do not have a spouse/CP or children, then other eligible members of your family will inherit.  Failing that, then the Crown will take the estate.

You can read more about the laws in the different parts of the UK in our flowcharts reflecting the intestacy rules