Loom resources · England & Wales

Could You Be Entitled to an Unclaimed Estate in England & Wales?

Which relatives can inherit when someone dies without a will in England and Wales, how the intestacy order works, and where the qualifying family lines stop.

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You’ve found a name on the unclaimed estates list.

You think they’re somewhere in your family.

So... does that mean you could inherit?

Possibly.

But inheritance when someone dies without a will isn’t a free-for-all amongst everyone who can prove they’re related. There’s a legal pecking order — and somebody higher up that order can mean everybody below them is out.

So before mentally spending your long-lost cousin’s fortune, let’s work out where you actually sit.

If someone dies without a valid will in England and Wales, the rules of intestacy decide who inherits.

And they follow an order.

Broadly:

The person who died
  1. Husband, wife or civil partner

  2. Children — or their descendants

  3. Parents

  4. Brothers and sisters — or their descendants

  5. Half-brothers and half-sisters — or their descendants

  6. Grandparents

  7. Aunts and uncles — or their descendants

  8. Half-aunts and half-uncles — or their descendants

A qualifying relative higher up the order can exclude everyone below them.

The important bit is that you don’t simply work your way down this list collecting relatives.

A qualifying relative higher up the order can exclude the groups below them.

So if you’re the deceased person’s niece, for example, the existence of a surviving parent of the deceased could completely change things.

This is one of those situations where the family tree really matters.

Put the tree to work

Your family tree shouldn’t just sit there.

Put it to work.

Put my family tree to work

Official sources

Sources & further reading

Being family isn’t the same as being entitled.

The intestacy order decides who inherits — and in what order.