Wills & Family
Who should I choose as executor if I don’t trust my family?
Not everyone has a relative they would trust to handle their estate. Here is how to think about other options, from friends to professional executors.
When someone dies without a valid Will, the law calls this dying "intestate". Their estate is then shared out under the intestacy rules. These rules are set out in law and apply the same way to every family, whatever the person might have wanted.
This article explains the rules for England and Wales as they stand at the time of writing (October 2026).
Who inherits under the intestacy rules?
The rules work through a fixed order of relatives. The first group in the list who are alive inherits, and later groups receive nothing.
If there is a husband, wife or civil partner and no children
The surviving spouse or civil partner usually inherits the whole estate.
If there is a husband, wife or civil partner and children
The surviving spouse or civil partner receives:
- all the personal possessions
- the first £322,000 of the estate (this is called the statutory legacy, and it has applied to deaths on or after 26 July 2023)
- half of anything left over above that amount
The children share the other half of anything above the statutory legacy equally. Children under 18 usually inherit at 18, with their share held on trust until then.
A spouse or civil partner must survive the person who died by 28 days to inherit under these rules.
If there is no husband, wife or civil partner
The estate passes to relatives in this order:
- children (or their children, if a child has already died)
- parents
- brothers and sisters who share both parents (or their children)
- half-brothers and half-sisters (or their children)
- grandparents
- uncles and aunts who are full siblings of a parent (or their children)
- half-uncles and half-aunts (or their children)
If there are no relatives in any of these groups, the estate passes to the Crown. This is known as "bona vacantia".
Who does not inherit automatically?
Some people are left out of the intestacy rules altogether. These include:
- unmarried partners, however long the relationship
- stepchildren who were not legally adopted
- friends, carers and charities
- relatives by marriage, such as in-laws
Someone who was financially dependent on the person who died, such as a cohabiting partner, may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. These claims normally have to be made within six months of the grant of representation, and they can be stressful and costly.
What about jointly owned property?
Not everything passes under the intestacy rules. Property owned as "joint tenants", and joint bank accounts, usually pass straight to the surviving owner. Property owned as "tenants in common" does not pass automatically. The share forms part of the estate.
Our guide on how property ownership affects inheritance explains the difference.
A practical example
Jo dies without a Will. Jo was married to Alex and had two adult children. After debts, Jo's estate (not counting jointly owned assets) is worth £422,000. Alex receives Jo's personal possessions, the first £322,000, and half of the remaining £100,000, which is £50,000. The two children share the other £50,000, so each receives £25,000.
Who deals with the estate?
Without a Will, there are no executors. Instead, a close relative usually applies to be the "administrator". They apply for a grant called letters of administration. You can read about this in our article on intestacy and letters of administration.
Scotland and Northern Ireland
Scotland and Northern Ireland have different intestacy rules and amounts. If the person lived there, see nidirect or the mygov.scot bereavement guidance. You can also use the GOV.UK tool to work out who inherits.
When to get professional help
Professional help can be useful if:
- you are an unmarried partner or dependant who has been left out
- it is unclear who the closest relatives are, or some cannot be traced
- a child under 18 is due to inherit
- the estate includes a business, overseas assets or a share of a property
If you are thinking about your own plans, a Will is the most reliable way to make sure the right people benefit.
Next steps
If this article has made you think about your own arrangements, our introduction to Wills is a good place to start.
You can read more on our Wills page, or answer a few short questions in our wills questionnaire and we will aim to introduce you to up to three appropriately qualified firms.
WillHarbour is an independent introduction service, not a law firm, and we do not give legal, tax or financial advice. With your permission, we share your enquiry with up to three suitable firms, such as solicitors or will-writing companies. It is free to use and there is no obligation. The firms pay us a fee for each introduction, and they must tell you about this, and their own fees, before you instruct them.
Frequently asked questions
Does an unmarried partner inherit if there is no Will?
No. Under the intestacy rules in England and Wales, an unmarried partner does not inherit automatically. They may be able to make a claim to the court in some cases.
How much does a spouse get if there is no Will?
At the time of writing, where there are children, the spouse or civil partner receives personal possessions, the first £322,000 and half of the rest. Without children, they usually inherit everything.
Do stepchildren inherit under the intestacy rules?
Not unless they were legally adopted. A Will is usually needed to provide for stepchildren.
Official sources
This guide is general information about the law in England and Wales at the time it was last reviewed. It isn’t legal, tax or financial advice. For advice on your own situation, speak to a qualified professional.
