Who inherits without a will in the United Kingdom?
In England and Wales the spouse takes the personal belongings, a fixed legacy and half of the rest, and the children share the other half; Scotland and Northern Ireland differ.
Updated October 2026. Spotted a mistake? Tell us.
A spouse and children survive
England and Wales: the spouse or civil partner takes the personal belongings, a fixed sum set by Parliament from time to time, and half of whatever remains. The children share the other half. Scotland has different rules, built on 'prior rights' and 'legal rights'.
A spouse survives, but no children
England and Wales: with no children, the spouse or civil partner takes the whole estate.
No spouse: who comes next
Children share equally. If there are none: the parents, then brothers and sisters (and their children), then half-brothers and half-sisters, then grandparents, then uncles and aunts. If no relative can be found, the estate passes to the Crown.
A partner who is not married
An unmarried partner has no automatic right to inherit, however long they have lived together. A partner who lived with the person for at least two years, or others who were supported by them, can apply to the court for reasonable provision from the estate.
What a will cannot take away
England and Wales has no forced share. A will can leave the estate to anyone, but family and dependants can apply to the court for provision. Scotland gives children and the spouse fixed legal rights even where there is a will.
If the person or the property is abroad
The United Kingdom left the EU and does not take part in the EU Succession Regulation. UK courts generally apply the law of the person's last domicile to movable property, and the law of the place to land.
What to watch for
- The United Kingdom has three legal systems. This entry describes England and Wales; the rules in Scotland and Northern Ireland are different.
Understand the legal system first
The United Kingdom belongs to the Common law family. Succession law grows out of the legal tradition, so it helps to know how the system works.
Read the United Kingdom legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in the United Kingdom? →
Official sources
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TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.

