Statutory Legacy Calculator (Intestacy)

The statutory legacy in England and Wales is £322,000 (updated periodically by statutory instrument). If the deceased dies intestate (without a will) and has a surviving spouse/civil partner AND children, the spouse receives £322,000 as a first charge on the estate, plus half the residue above that amount.

If there are no surviving children (or other descendants), the spouse or civil partner inherits the entire estate under intestacy. There is no limit in this case — the spouse takes everything, with nothing passing to siblings, parents, or other relatives.

Yes. Children of the deceased inherit in equal shares from the half of the residue not taken by the spouse. If a child has predeceased the parent, their share passes to their own children (grandchildren of the deceased) under representation rules.

No. Scotland has different succession laws — the Administration of Estates (Scotland) Act applies, along with the concept of 'prior rights' (including rights to the matrimonial home, furniture, and financial provision). Scottish intestacy is separate from English rules.

In Scotland, a surviving spouse has prior rights to: the matrimonial home (up to £473,000), furniture (up to £29,000), and a financial provision (up to £50,000 with issue, £89,000 without). Legal rights ('ius relictae') entitle a spouse to one-third of moveable estate if there are children, or one-half if no children.

In England and Wales, a cohabitee cannot claim under intestacy rules — only married/civil partners inherit automatically. However, a cohabitee who lived with the deceased for at least 2 years can apply for a court order under the Inheritance Act 1975. In Scotland, cohabitees have limited rights under s.29 Family Law Act 2006.

Property held as joint tenants (the most common form for married couples) passes automatically to the surviving owner by right of survivorship — outside the estate, regardless of a will or intestacy rules. Property held as tenants in common passes under the will or intestacy rules.

Intestacy rules frequently fail to match individual wishes. Common problems: unmarried partners get nothing, stepchildren get nothing, assets may be frozen until children reach 18, specific items cannot be directed to chosen recipients, and tax planning opportunities (like charitable legacies for 36% IHT rate) are missed. A will ensures your wishes are followed.