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Wills · England & Wales

Dying without a will (intestacy)

Last reviewed 18 August 2026

Where no will is left, the law supplies one of its own — rigid, impersonal, and often at odds with what the deceased would have chosen.

Who inherits under intestacy

The intestacy rules set a fixed order of inheritance. A surviving spouse or civil partner takes first, up to a statutory sum, then shares the remainder with any children. An unmarried partner inherits nothing under these rules, however long the relationship — a hard result that a will exists precisely to prevent.

Why a will is the remedy

Only a valid will lets you decide who inherits, appoint guardians for children, and provide for a partner the intestacy rules would ignore. It is the single most effective step against an unwanted outcome.

Questions

Does my partner inherit if we aren’t married?+
Not under the intestacy rules — an unmarried partner inherits nothing without a will.
Who applies to administer the estate?+
A close relative applies for letters of administration, following the statutory order of priority.

Sources. GOV.UK, Intestacy — who inherits if someone dies without a will.