Many people in the UK assume that if you’re married or in a civil partnership, your spouse automatically inherits everything when you die. The truth is, it depends on several factors, including whether you have children, jointly owned property, or even a will.

Here’s a practical guide to help you understand what really happens under UK intestacy law (the rules for when someone dies without a valid will).

If You Have Children…

• Your spouse or civil partner inherits all personal possessions and the first £322,000 of your estate.

• Any remaining estate is split 50/50: half to your spouse, half divided equally between your children.

• This applies to biological and legally adopted children. Stepchildren who were not adopted do not automatically inherit.

If You Don’t Have Children…

• Your spouse or civil partner usually inherits everything.

Jointly-Owned Property…

• Beneficial joint tenants: the surviving partner automatically inherits the deceased’s share of a jointly owned home.

• Tenants in common: the deceased’s share is part of the estate and will be distributed according to intestacy rules (or a will, if one exists).

• Joint bank accounts often pass automatically to the surviving partner, regardless of intestacy rules.

Unmarried Partners…

• Cohabiting partners, even if you’ve lived together for years, have no automatic rights to inherit under intestacy law. A will is essential if you want to protect them.

• If there are no qualifying relatives, the estate passes to the Crown (bona vacantia).

Changing or Rejecting Inheritance…

• Beneficiaries can agree to redistribute the estate differently within two years using a Deed of Variation.

• You can also disclaim your inheritance, allowing it to pass to the next entitled person.

Key Takeaway…
Marriage or civil partnership does not guarantee automatic inheritance. Writing a valid will ensures your estate is distributed exactly as you wish, protecting your loved ones and avoiding confusion.

Need Help with Your Will?

Don’t leave it to chance. Whether you want to make sure your spouse inherits everything or simply want peace of mind that your estate is handled exactly as you wish, we’re here to help.

📞 Contact us today to discuss your options and take the first step toward securing your family’s future.e the first step toward securing your family’s future.