No Will? Here's Who Inherits Your Home in the UK

"Intestate" simply means dying without a valid will. When that happens, the rules of intestacy kick in — a rigid statutory order set by Parliament that decides who inherits, in what share, and in what order.

It applies whether you own a £200,000 flat or a £2m family home. And as we explain in our main wills and LPA guide, those rules rarely match what most people actually want.

For deaths in England and Wales (Scotland has different rules), the order is roughly:

• Married / civil partner with no children — spouse takes everything
• Married / civil partner with children — spouse gets the first £322,000, all personal possessions, and half of anything above. Children share the other half
• Children, no spouse — children inherit equally
• No spouse or children — parents, then siblings, then more distant relatives
• No traceable family — the estate goes to the Crown ("bona vacantia")

Crucially, unmarried partners, stepchildren you haven't legally adopted, and close friends get nothing automatically — no matter how long you've been together. See our guide for cohabiting couples for how to fix this.

How your property is owned matters more than people realise:

• Joint tenants — the home passes automatically to the surviving owner outside intestacy. Common for married couples.
• Tenants in common — your share forms part of the estate and is distributed under intestacy. See tenants in common vs joint tenants.
• Sole owner — the whole property is divided according to the rules above.

If there's a joint mortgage, lenders usually transfer it to the surviving owner — provided they can prove they can afford it on their own.

Three common scenarios we see:

• Unmarried homeowner dies — partner of 15 years inherits nothing; the property passes to the deceased's parents or siblings
• Blended family — biological children inherit; stepchildren who were raised as the deceased's own get nothing (more in wills for blended families)
• Married parent — the spouse may have to sell the family home to pay children's shares

None of these outcomes are what the deceased would have wanted. All are entirely avoidable with a basic will.

1. Make a will — a simple solicitor-drafted will costs £150–£300. Mirror wills for couples £250–£500.
2. Pair it with a Lasting Power of Attorney — see our LPA guide.
3. Put life cover in place — a life insurance policy written in trust pays out tax-free, outside the estate, and clears the mortgage.
4. Review every 3–5 years — and after marriage, divorce, a new child, or buying a new home.

Through our partnership with Castle Family Legal, we can introduce you directly to a regulated specialist for will-writing, LPAs and trust advice. Get in touch and we'll arrange it.