What happens if I die without making a Will?

If you die in England or Wales without a legally valid Will the intestacy rules govern who is entitled to receive your assets. If you have no living family members, everything will go to the Crown.

Here is a simple guide to how the intestacy rules would distribute your estate if you died without a will.

Married or in a civil partnership with no children

Your surviving partner will inherit everything. This is also the case if the person who died had stepchildren, as stepchildren don’t inherit anything under the rules of intestacy.

Married or in a civil partnership and has children

Your surviving partner will inherit everything up to the value of £270,000. If the estate is worth more than £270,000, the partner also inherits half of everything over this value. The rest is then shared equally between your children.

Unmarried and has children or grandchildren

Your estate is shared equally between your children, not including any step-children. If any of the children has already died, grandchildren or great-grandchildren will inherit their parent’s share.

Unmarried and has no children

Your estate is inherited by close relatives in the following order of priority:

• Parents
• Brothers and sisters
• Half brothers and half sisters
• Grandparents
• Aunts and uncles
• Children of aunts and uncles (cousins)