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Intestacy Calculator: Who Inherits Without a Will

Calculates who inherits an estate in England & Wales, Scotland, or Northern Ireland when someone dies without a will, based on the deceased's family situation and the estate's value.

Your details

The part of the UK where the deceased was domiciled at death. Rules differ significantly.

Total value of assets (property, savings, investments) minus debts, funeral expenses, and administration costs.

Approximate value of personal belongings (furniture, jewellery, cars, etc.) that pass to the spouse under intestacy rules in England & Wales and Northern Ireland. If unsure, use 0.

A legally married spouse or registered civil partner at the time of death.

Includes biological, adopted, and children of the deceased where parentage is legally recognised. Step-children not included unless adopted.

At least one parent (mother or father) of the deceased is alive.

Full brothers and sisters of the deceased. Includes half-siblings in all jurisdictions.

For Scotland only: Was the surviving spouse ordinarily resident in the deceased's dwelling house immediately before the death? This determines if the Prior Right to the dwelling applies.

For Scotland only: The value of moveable assets (cash, investments, personal possessions) after deducting debts. This value is used to calculate Legal Rights. It should ideally be the net moveable estate *after* any part of it has been used to satisfy Prior Rights. If unsure, you can use the Net Estate Value as a rough proxy, but this may overstate Legal Rights.

Result

Residual Estate (to other relatives or Crown) £0.00

Any remaining value after statutory distributions. This may pass to more distant relatives or to the Crown as bona vacantia.

How it is calculated

Distribution Rules The legal rule that applies to this family situation.
Spouse inherits: Personal Chattels + Statutory Legacy (£322,000) + 50% of remaining estate. Children inherit: 50% of remaining estate, divided equally.
Spouse's/Civil Partner's Share The amount the surviving spouse or civil partner is entitled to receive.
£416,000.00
Children's Total Share The total amount to be divided equally among all surviving children.
£84,000.00
Share per Child The amount each child will receive (equal division).
£42,000.00
Parents' Total Share The amount to be divided equally between surviving parents (if applicable).
£0.00
Siblings' Total Share The total amount to be divided equally among all surviving siblings (if applicable).
£0.00
Share per Sibling The amount each sibling will receive (equal division).
£0.00
Keep in mind
  • This calculator provides an estimate based on standard intestacy rules. It does not account for jointly owned assets (which usually pass automatically to the survivor), life insurance policies with named beneficiaries, or trusts.
  • The statutory legacy amount for England & Wales and Northern Ireland, and the prior rights amounts for Scotland are subject to change. The values used are the latest known figures.
  • If the deceased was divorced or their marriage/civil partnership was annulled, the former spouse has no automatic right. Cohabiting partners (unmarried) have no automatic right under intestacy rules in any UK jurisdiction.
  • The calculation for Scotland models the sequential application of Prior Rights (to dwelling and furnishings) and Legal Rights (to moveable estate). The 'Moveable Estate Value' is a required input for accuracy. If unsure, using the Net Estate Value is an approximation but may overstate Legal Rights.
  • Personal Chattels typically include furniture, cars, jewellery, and personal effects. Their value is estimated by the user.

Indicative result, calculated from the details and the rules listed below. It does not replace an official calculation or advice from a professional.

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Last Will and Testament

What Happens If You Die Without a Will in the UK?

If you die without a valid will in the United Kingdom, you are said to have died 'intestate'. In this situation, the law provides a fixed set of rules, known as the rules of intestacy, which determine who inherits your estate (your money, property, and possessions). These rules vary significantly depending on which UK nation you were domiciled in: England & Wales, Scotland, or Northern Ireland.

The rules follow a strict hierarchy, prioritising close family members. They do not consider unmarried partners, friends, or charities you may have wished to benefit. This is why making a will is so important—it allows you to decide exactly how your assets are distributed.

How Intestacy Rules Work by Jurisdiction

England & Wales: The rules are governed by the Administration of Estates Act 1925. The key feature is the 'statutory legacy'—a fixed amount (£322,000 as of 2023) that a surviving spouse receives before any children get a share of the remainder. The spouse also inherits all 'Personal Chattels' (personal belongings). If the estate is worth less than the statutory legacy, the spouse inherits everything.

Scotland: The Succession (Scotland) Act 2016 outlines a different system based on 'Prior Rights' (to the family home, up to £300,000, and furnishings, up to £50,000), 'Legal Rights' (a fixed share of the remaining net moveable estate for spouse and children), and the remaining 'Free Estate'. The spouse's rights are particularly strong. The Prior Right to the dwelling only applies if the spouse was ordinarily resident there.

Northern Ireland: The rules are similar to England & Wales but with a different statutory legacy amount (£250,000). A surviving spouse also inherits Personal Chattels.

Example Calculation: England & Wales

Imagine John dies intestate in England. He is survived by his wife, Sarah, and their two adult children. His net estate is worth £500,000, and his personal chattels are valued at £10,000.

  • Sarah first receives the Personal Chattels (£10,000).
  • The remaining estate is £490,000.
  • Sarah receives the statutory legacy of £322,000 from this remainder.
  • The remaining estate is now £168,000 (£490,000 - £322,000).
  • Sarah receives 50% of this remainder (£84,000).
  • The two children split the other 50% (£84,000), receiving £42,000 each.
  • Sarah's total share: £10,000 + £322,000 + £84,000 = £416,000. Each child's share: £42,000.

If John's estate had been worth £300,000, Sarah would have inherited the chattels and the entire remaining estate.

Example Calculation: Scotland

Imagine Fiona dies intestate in Scotland. She is survived by her husband, David, who was ordinarily resident in their home. They have no children. Her net estate is worth £600,000, and the net moveable estate (after debts) is £400,000.

  • David's Prior Right to the dwelling applies, capped at £300,000.
  • The remaining estate is £300,000 (£600,000 - £300,000).
  • David's Prior Right to furnishings applies, capped at £50,000 from the remaining £300,000.
  • David's total Prior Rights are £350,000.
  • The estate after Prior Rights is £250,000.
  • Since there are no children, David's Legal Right is 1/2 of the net moveable estate (£400,000 * 0.5 = £200,000).
  • The Free Estate is £250,000 (estate after Prior Rights) - £200,000 (Legal Rights) = £50,000.
  • David inherits the entire Free Estate as there are no children.
  • David's total share: £350,000 (Prior Rights) + £200,000 (Legal Rights) + £50,000 (Free Estate) = £600,000.

Frequently Encountered Situations

  • Surviving spouse but no children or parents: In all jurisdictions, the spouse inherits the entire estate.
  • No spouse, but children: The children inherit the entire estate equally.
  • No spouse, no children, but parents are alive: The parents inherit everything.
  • No spouse, children, or parents, but siblings are alive: Siblings inherit equally.
  • No surviving relatives: The estate passes to the Crown (or Crown representative) as 'bona vacantia'.

Why You Should Make a Will

The intestacy rules may not reflect your wishes. An unmarried partner will receive nothing. Step-children have no automatic right. You cannot leave gifts to friends or charities. Creating a legally valid will gives you control. After using this calculator, consider preparing a Last Will and Testament to ensure your assets go to the people and causes you care about.

Frequently asked questions

Does my unmarried partner inherit anything if I die without a will?

No. Under UK intestacy rules, unmarried partners (cohabitees) have no automatic right to inherit, regardless of how long you have lived together. They would need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (in England/Wales) or similar legislation, which is uncertain and can be costly.

What if I have step-children?

Step-children do not automatically inherit under intestacy rules unless they were legally adopted by you. Your biological and adopted children are included in the term 'children'.

Are debts paid from the estate before it is distributed?

Yes. Funeral expenses, administration costs, and all outstanding debts must be paid from the estate's assets before the intestacy rules are applied to the remaining 'net estate' value.

What is 'bona vacantia'?

It is a Latin term meaning 'ownerless goods'. If a person dies intestate with no surviving relatives who qualify under the rules, their estate passes to the Crown (in England/Wales/NI) or to the Crown's representative in Scotland. Certain bodies can sometimes make a claim on these funds.

I am separated but not divorced. Does my spouse still inherit?

Yes. A legal marriage or civil partnership only ends upon divorce, dissolution, or annulment. Separation, even if permanent, does not change the spouse's rights under intestacy.

For Scotland, what exactly is the 'moveable estate'?

The moveable estate includes assets that are not land or buildings, such as cash, bank accounts, investments, vehicles, and personal possessions. It is the value of these assets after deducting any debts specifically attributable to them. This value is used to calculate Legal Rights.

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