Who inherits if there is no will in England and Wales?

A husband, wife or civil partner comes first. With no children they inherit everything; with children they take the personal possessions, the first £function(){throw Error("Attempted to call STATUTORY_LEGACY() from the server but STATUTORY_LEGACY is on the client. It's not possible to invoke a client function from the server, it can only be rendered as a Component or passed to props of a Client Component.")} and half of the rest, and the children share the other half. With no spouse, the children inherit everything, then parents, brothers and sisters, half-brothers and half-sisters, grandparents, uncles and aunts, half-uncles and half-aunts, and finally the Crown.

What is the statutory legacy?

The fixed sum a husband, wife or civil partner takes before the rest is split with the children: £function(){throw Error("Attempted to call STATUTORY_LEGACY() from the server but STATUTORY_LEGACY is on the client. It's not possible to invoke a client function from the server, it can only be rendered as a Component or passed to props of a Client Component.")} for deaths on or after 26 July 2023, plus interest from the date of death until it is paid.

Does an unmarried partner inherit without a will?

No. A partner who lived with them but wasn’t married or in a civil partnership inherits nothing under the intestacy rules. They can only claim through the courts under the Inheritance (Provision for Family and Dependants) Act 1975, or receive property they owned jointly as joint tenants.

Do stepchildren inherit under the intestacy rules?

No, unless they were legally adopted. Adopted children inherit in the same way as birth children.

Is intestacy in the CeMAP syllabus?

Yes. FRE1 assessment criterion 3.2 covers wills, intestacy and trusts, and case-study questions often turn on who inherits.

Who inherits without a will?

When someone in England or Wales dies without a will, the intestacy rules decide who inherits. Answer the questions about their family and see who gets what. It's also FRE1 criterion 3.2, and a favourite for case studies.

From section 46 of the Administration of Estates Act 1925, with the statutory legacy for deaths on or after 26 July 2023, and GOV.UK. Practice for the exam, not legal advice. Checked 6 November 2026.

Who inherits

1Were they married or in a civil partnership when they died?

Separated but not divorced still counts. Living together without marrying doesn’t.

YesNo

Questions

Who inherits if there is no will in England and Wales?: A husband, wife or civil partner comes first. With no children they inherit everything; with children they take the personal possessions, the first £function(){throw Error("Attempted to call STATUTORY_LEGACY() from the server but STATUTORY_LEGACY is on the client. It's not possible to invoke a client function from the server, it can only be rendered as a Component or passed to props of a Client Component.")} and half of the rest, and the children share the other half. With no spouse, the children inherit everything, then parents, brothers and sisters, half-brothers and half-sisters, grandparents, uncles and aunts, half-uncles and half-aunts, and finally the Crown.
What is the statutory legacy?: The fixed sum a husband, wife or civil partner takes before the rest is split with the children: £function(){throw Error("Attempted to call STATUTORY_LEGACY() from the server but STATUTORY_LEGACY is on the client. It's not possible to invoke a client function from the server, it can only be rendered as a Component or passed to props of a Client Component.")} for deaths on or after 26 July 2023, plus interest from the date of death until it is paid.
Does an unmarried partner inherit without a will?: No. A partner who lived with them but wasn’t married or in a civil partnership inherits nothing under the intestacy rules. They can only claim through the courts under the Inheritance (Provision for Family and Dependants) Act 1975, or receive property they owned jointly as joint tenants.
Do stepchildren inherit under the intestacy rules?: No, unless they were legally adopted. Adopted children inherit in the same way as birth children.
Is intestacy in the CeMAP syllabus?: Yes. FRE1 assessment criterion 3.2 covers wills, intestacy and trusts, and case-study questions often turn on who inherits.

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