Explainer

Died without a will: who actually inherits?

By Aistis Puidokas, Solicitor of England & Wales  ·  3 min read  ·  Updated August 2026

No will? Then in a sense you already have one — Parliament wrote it for you. It is called the intestacy rules, it applies automatically, and you do not get a say in a word of it. Here is what it actually says.

The strict queue

The rules work as a fixed order of priority:

The list of people who get nothing

Just as important is who appears nowhere in that queue, no matter the circumstances:

The law doesn't know who you loved. It only knows who you're related to. An estranged sibling you haven't spoken to in twenty years can inherit everything, while the partner who cared for you receives nothing.

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Children inherit at 18 — outright

Under intestacy, children take their shares at eighteen, with no strings, no staging, and no trusted adult holding discretion. An eighteen-year-old and a six-figure lump sum is a combination most parents would not design on purpose — yet it is the default design.

The partial safety valve — and its cost

Certain people left out — a cohabiting partner of two years or more, someone financially dependent on the deceased — can apply to the court for provision under the Inheritance (Provision for Family and Dependants) Act 1975. But notice what that sentence involves: litigation. Cost, delay, uncertainty, and a grieving family set against itself. A safety valve is not a plan.

A will replaces the entire lottery with your actual choices — who benefits, at what age, on what terms, with guardians named and the people who matter actually included. It is the difference between the law's family tree and your real one.

Want yours done properly?

Fixed-fee Wills from £195, prepared by a regulated solicitor — entirely online, across England & Wales, with a free no-obligation chat first.

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Important: this guide is general information about the law of England & Wales, not legal advice for your situation. Everyone's circumstances differ — for advice specific to you, please get in touch. Figures and fees quoted are correct as at August 2026 and may change.

Aistis Puidokas is a solicitor of England & Wales, authorised and regulated by the Solicitors Regulation Authority (SRA ID 7019182), specialising in Wills, Lasting Powers of Attorney and estate planning — delivered online, nationwide, for clear fixed fees.

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