Intestacy
An estate distributed under statutory rules when no valid will controls the relevant assets.
Explore free inheritance and estate calculation resources for estate shares, financial losses, interest and inheritance claim shortfalls. Understand how inheritance may be distributed, how estate values are assessed and when eligible family members or dependants may seek financial provision under the law of England and Wales.
Search by estate share, interest, inheritance loss or shortfall.
Explore how an estate may be divided between eligible beneficiaries using a specified net estate value and relevant England and Wales inheritance rules.
In DevelopmentOrganise documented financial losses and relevant expenses arising from an inheritance dispute, with adjustments for amounts recovered.
In DevelopmentIllustrate simple interest on eligible unpaid legacies using the appropriate dates and legal interest rate or court direction.
In DevelopmentCompare a specified inheritance entitlement with amounts already received to calculate an illustrative unpaid balance, without assuming legal entitlement.
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Estate disputes may concern inheritance entitlement, financial provision, the validity of a will or the administration of an estate. These issues are governed by different legal principles.
An estate distributed under statutory rules when no valid will controls the relevant assets.
Claims for reasonable financial provision made by eligible relatives or dependants.
Disputes about a will's legal validity, interpretation or the circumstances in which it was made.
Questions about estate assets, property ownership and items passing outside the estate.
Disputes concerning a specified monetary gift or inheritance that remains unpaid.
Questions about estate accounts, debts, tax, costs and distributions to beneficiaries.
A share calculation normally starts with identifying assets that legally form part of the estate. Debts, taxes and administration obligations must then be considered before distributing the remaining estate.
Estate assets may include property, bank accounts, investments and possessions. Some jointly owned assets, trusts or nominated benefits can have a different legal treatment.
The remaining estate is distributed under the valid will or applicable intestacy rules. Actual entitlements can involve specific legacies, residuary shares, trusts and other legal conditions.
When someone dies without a valid will, their eligible estate is generally distributed according to the intestacy rules. These rules can differ significantly between the UK's legal jurisdictions.
In England and Wales, if the deceased leaves a surviving spouse or civil partner and no descendants, the spouse or civil partner normally inherits the entire intestate estate.
Where the deceased leaves both a spouse or civil partner and children, the surviving partner generally receives the personal chattels and a statutory legacy, with the remaining relevant estate divided into two halves.
For deaths on or after 26 July 2023, the statutory legacy is £322,000. The surviving spouse receives this amount from the applicable estate, plus half the remaining balance. The other half passes to the eligible descendants under statutory rules.
If the applicable net estate is less than or equal to £322,000, the surviving spouse or civil partner generally receives that estate, rather than the children receiving a share.
Where there is no surviving spouse or civil partner, children and their descendants generally take priority. Other relatives may inherit if there are no qualifying descendants.
An unmarried cohabiting partner has no automatic intestacy inheritance entitlement simply because they lived with the deceased. Separate property rights or a qualifying family provision claim may be relevant.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain eligible applicants to ask the court for reasonable financial provision from an estate where the relevant conditions are satisfied.
A surviving husband, wife or civil partner may be eligible to make an application. The court applies particular standards when considering the appropriate financial provision for a spouse.
Children, individuals treated as children of the family and certain people who were financially maintained by the deceased may qualify to apply.
A person who lived in the same household as the deceased as their spouse-like partner for the full two years immediately before death may meet the relevant cohabitation category, subject to statutory conditions.
Being eligible to apply does not mean a person automatically receives a fixed percentage. The court considers financial circumstances, needs, obligations, estate resources and other statutory factors.
A claim for reasonable financial provision is different from challenging whether a will is valid. Issues involving capacity, undue influence or execution of a will require separate legal analysis.
A financial dispute involving an inheritance may result in documented expenses or an alleged reduction in the value received. The correct calculation depends on the legal basis of the dispute.
A worksheet may begin by recording the amount or asset that a person believes they should have received, together with the amount actually received.
Some disputes can involve professional fees, corrective expenses or other monetary consequences. These sums are not automatically recoverable merely because they were incurred.
The alleged loss must be connected to an actionable legal wrong where that is required. Supporting estate accounts, valuations, invoices and relevant records can matter.
Previous estate distributions, refunds, settlements or other recoveries should be recorded to avoid double counting.
A 1975 Act reasonable financial provision award is not calculated by simply totalling receipts or financial expenses. The court applies the relevant statutory considerations.
Interest may be payable on certain legacies, but the correct rate and starting date depend on the legal basis of the payment.
For England and Wales intestacy claims involving a surviving spouse or civil partner and descendants, the statutory legacy carries simple interest from the date of death until payment or appropriation. The relevant rate is the Bank of England rate in effect at the end of the date of death.
A specified cash gift under a will may attract interest if it remains unpaid beyond the relevant due date. In ordinary cases, executors have an initial year to administer the estate, although exceptions and the will's wording matter.
For relevant pecuniary legacies, the Court Funds Office basic rate, a direction in the will or a court order may determine the calculation. This is different from the intestacy statutory-legacy interest rule.
A share of the estate's residue is not automatically treated like a fixed cash legacy. Estate income, administration accounts and beneficiary rights must be considered separately.
The estate interest calculator must not automatically apply an 8% interest rate to every inheritance. It must use a legally relevant rate and period.
Interest = Principal × Annual Rate × Days ÷ 365
Actual periods and rates
must match the applicable
legal rules.
An inheritance shortfall may arise where a beneficiary believes the amount distributed was lower than their established entitlement. A calculation can compare two amounts, but cannot by itself decide who is legally entitled to receive an inheritance.
The starting point should be the valid will, intestacy rules, relevant trust terms or a binding court order or settlement agreement.
The estate accounts may show payments already made, assets transferred and amounts retained for legitimate administration needs.
Once the appropriate entitlement has been established, a basic worksheet can subtract payments or distributions received from that entitlement.
Shortfall = Established entitlement −
Distributions received
Any negative difference
should not be represented
as an amount owed.
Someone who expected a particular share cannot establish a legal shortfall by entering their preferred amount. A disputed entitlement requires separate legal assessment.
Inheritance Act claims seek appropriate financial provision under statutory principles, rather than automatically restoring a mathematically specified share.
Calculations depend on the nature of the estate, the applicable legal rules and any relevant disputes.
Relevant assets after debts, taxes and permitted costs.
The deceased's valid testamentary instructions and specific gifts.
Eligible spouses, children and other possible beneficiaries.
Joint ownership, trusts and assets passing outside the estate.
Debts, taxation, costs and payments already distributed.
Financial provision claims, court orders and binding settlements.
Inheritance-related disputes do not all have the same limitation period. The correct deadline depends on the type of claim and applicable legal rules.
Under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975, an application is generally required within six months of the first grant of representation relating to the estate.
A court has discretion to permit an application after the ordinary deadline. Permission is not guaranteed, so prospective applicants should obtain advice promptly.
A qualifying Inheritance Act application may be made before the grant is obtained. It is not always necessary to wait for probate before seeking advice.
Challenges to a will's validity, claims concerning trusts and actions against executors may follow other deadlines. The six-month Inheritance Act deadline should not be assumed to apply to all estate disputes.
Executors and administrators are responsible for administering the estate. Their duties generally involve identifying assets, dealing with liabilities and distributing what remains according to the applicable legal requirements.
Estate debts, tax and relevant administration obligations normally need to be addressed before the estate can safely be distributed.
Estate accounts can record assets collected, expenses, taxes, income, distributions and the remaining estate value. These records help explain how beneficiaries' amounts were determined.
Property held as beneficial joint tenants may pass automatically to the surviving owner. A deceased person's share held as tenant in common may instead form part of their estate.
Estate administration can take time, particularly where assets are difficult to sell, liabilities remain unresolved or a dispute exists. A delay does not automatically establish misconduct or a right to interest.
Beneficiaries concerned about an unexplained shortfall may need to obtain relevant estate accounts and legal advice before calculating an alleged unpaid entitlement.
Choose the appropriate calculator, enter relevant financial information and review the legal assumptions behind the figures.
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Provide the relevant value, entitlement, payment amounts, dates or rates.
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Explore Category →Common questions about estate shares, intestacy, inheritance disputes, interest and deadlines.
A share depends on the applicable jurisdiction, estate value, valid will or intestacy rules, debts, tax and relevant beneficiary arrangements. There is no universal percentage for every family.
For deaths on or after 26 July 2023, the statutory legacy is £322,000. It is relevant to specified intestacy cases involving a surviving spouse or civil partner and descendants.
The relevant estate is distributed under the applicable intestacy rules. These identify eligible relatives and the shares they can inherit.
In England and Wales, an unmarried partner does not automatically inherit under intestacy merely because they lived with the deceased. Joint property ownership and qualifying legal claims may affect the position.
An eligible child may be able to apply for reasonable financial provision under the Inheritance Act 1975. This is separate from challenging the legal validity of a will.
The usual Inheritance Act 1975 deadline is six months from the grant of representation. A late application requires court permission.
Sometimes. The type of legacy, applicable statutory rules, will provisions and relevant dates determine whether interest is payable and at what rate.
No. Different rules apply to statutory legacies and unpaid monetary legacies. An 8% rate is not automatically applicable to every inheritance.
Once an entitlement has been properly established, a worksheet can compare that amount with distributions already received. A numerical difference does not by itself prove legal entitlement.
No. A calculator can demonstrate financial arithmetic and explain legal frameworks, but it cannot validate a will, establish entitlement or guarantee a court award.
These resources explain intestacy, estate distribution, statutory legacies, family provision claims and interest rules. Content reviewed: 9 November 2026.