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Important information

What happens if you die without a will?

Understanding intestacy rules in England and Wales, and how a will helps protect the people you love.

Dying without a will (intestacy)

When someone dies without a valid will in England and Wales, they die “intestate”. The law then decides who inherits their estate, and that may not match what they would have wanted.

Research from the Money and Pensions Service suggests that more than half of UK adults (56%) don’t have a will, which can leave families facing complications, delays and difficult decisions at an already hard time.

Who inherits under the intestacy rules?

Who receives your estate depends on your family situation when you die. A spouse or civil partner must outlive you by at least 28 days to inherit under these rules.

  1. Married or in a civil partnership, with children

    Your spouse or civil partner gets

    • All personal possessions
    • The first £322,000 of the estate
    • Half of anything above £322,000

    Your children get

    • The other half of anything above £322,000, split equally. If a child has died before you, their own children share their part.
    • Held on trust until they reach 18

    Example: If your estate is worth £500,000, your spouse receives your personal possessions, plus £322,000 and £89,000 (half of the remaining £178,000), making £411,000. Your children share the other £89,000.

  2. Married or in a civil partnership, without children

    Your spouse or civil partner gets

    • Everything (100% of the estate)

  3. Not married, with children

    Your partner gets

    • Nothing, even if you lived together for many years

    Your children get

    • Everything, split equally

    Important: Unmarried couples who live together have no automatic right to inherit under the intestacy rules. A surviving partner may have to make a claim through the courts to receive anything. A will is the way to provide for your partner.

  4. No spouse, civil partner or children

    Your estate passes to the first group below with a living member:

    1. Parents
    2. Brothers and sisters (or their children)
    3. Half-brothers and half-sisters (or their children)
    4. Grandparents
    5. Aunts and uncles (or their children)
    6. Half-aunts and half-uncles (or their children)
    7. The Crown

Inheritance tax allowances: NRB and RNRB

Two main allowances decide how much can pass on before inheritance tax is due. Both are fixed at their current levels until at least April 2031. From 6 April 2027, most unused pension funds will also count towards the value of an estate for inheritance tax.

Nil rate band (NRB)

£325,000

Tax-free allowance per person

What is it? The amount you can pass on without inheritance tax, to anyone. Above it, inheritance tax is usually charged at 40%.

Married couples and civil partners: any unused NRB can pass to the surviving partner, giving them up to £650,000.

Residence nil rate band (RNRB)

£175,000

Extra allowance for your home

What is it? An additional allowance when you leave your home to your direct descendants, such as children or grandchildren.

Married couples and civil partners: can combine for up to £350,000.

It’s reduced by £1 for every £2 that the estate is worth over £2 million.

Married couples’ combined allowances

NRB each
£325,000
RNRB each
£175,000
Potential total tax-free
£1,000,000

In most cases, the first partner to die can leave everything to the other free of inheritance tax. When the surviving partner dies, their estate may then benefit from:

  • £650,000 combined NRB (2 × £325,000)
  • £350,000 combined RNRB (2 × £175,000), if the home goes to direct descendants
  • Up to £1,000,000 in total

Why a will matters

Without a will

  • The law decides who inherits
  • Unmarried partners get nothing
  • No say in who looks after your children
  • Sorting out your estate can take longer
  • It can cost your family more
  • Your estate may not make the best use of tax allowances

With a will

  • You decide who inherits
  • You can provide for your partner, married or not
  • You choose guardians for your children
  • You choose the executors who deal with your estate
  • Things are usually simpler for your family
  • You can plan how your estate is passed on

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General information about the rules in England and Wales, using figures checked in October 2026. It isn’t legal or tax advice. Inheritance tax depends on your circumstances, so consider speaking to a qualified adviser about your situation.