The Giving Ledger

Who inherits when there's no will?

A few questions, about two minutes. Nothing to sign up for.

Question 1

When did they die?

This matters more than it looks. The amount a surviving husband or wife takes before the children get anything is fixed by the date of death, not by today's figure — and it has moved three times. Using the wrong one can overstate a spouse's share by tens of thousands.

Question 2

Were they married or in a civil partnership when they died?

Separated still counts, as long as the marriage or civil partnership had not legally ended. A divorce that had gone through does not count. Living together, however long, is not the same thing in law — and that catches a lot of families out.

Question 3

Did they have children?

Includes adopted children and children from any earlier relationship. Stepchildren do not count unless they were legally adopted. If a child of theirs has already died, that child's own children usually take their share.

Next question

Is any of them under 18?

This matters more than people expect. It changes who is allowed to apply.

Next question

Which of these is the closest surviving relative?

Work down the list and stop at the first one who is still alive. Where a whole group has died, their children usually step into their place.

Next question

And where do you fit in?

So we can tell you straight whether you are in the frame. Nothing you choose here leaves your browser.

Last question

Roughly what is the estate worth?

After debts, funeral costs and any mortgage are taken off. Count only what was in their sole name. Anything owned jointly as joint tenants — the house, a joint bank account — passes straight to the other owner the moment they die and is not shared out under these rules at all. An estimate is fine.