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One of the most painful aspects of the intestacy rules is that estrangement counts for nothing. A biological child who has not spoken to their parent in twenty years has exactly the same legal entitlement as a child who was at the parent's bedside at the end. The law does not consider the quality of relationships — it only considers legal status. Without a valid will, estranged children will inherit.
The intestacy rules under the Administration of Estates Act 1925 are mechanical. They apply based on legal relationships — whether someone is a biological child, a legally adopted child, a spouse, a parent — not based on the nature of those relationships. The same is true in Northern Ireland and in Scotland, although the shares each jurisdiction gives are different. The figures below are those of England and Wales.
The law takes this approach for a reason: it is not practical for the law to judge the quality of family relationships after death. There would be endless disputes about who was “really estranged” and who was not. By applying a clear legal test — biological relationship or legal adoption — the law provides certainty, even if the outcome is sometimes painful.
The consequence is stark: a parent who had not spoken to a child for decades, who would never have chosen to leave that child anything, has no protection under intestacy. The estranged child inherits equally with any other children.
There is one legal relationship that does end. Under section 67 of the Adoption and Children Act 2002, an adopted person is treated in law as the child of the adopters and not of anyone else, so a child adopted out of the family no longer inherits from a birth parent on intestacy. Stepchildren who were never adopted are in the same position for the opposite reason: they were never legally children of the deceased.
For the full intestacy overview, see our main intestacy guide.
The estranged child receives the same share as any other child:
For the married-with-children formula in detail, see our guide on dying without a will when married with children. For the unmarried-with-children scenario, see our guide on dying without a will: children only.
The administrator of an intestate estate has a legal duty to make reasonable efforts to locate all eligible beneficiaries before distributing the estate. This includes estranged children. If the administrator distributes the estate without taking steps to identify and locate all beneficiaries, they may be personally liable if an unknown beneficiary later comes forward.
Practical steps for finding estranged children or unknown relatives:
Distributing before those steps are complete is what exposes an administrator to personal liability, so the sequence matters: identify, advertise, wait out the notice period, then distribute.
Where a beneficiary cannot be traced after reasonable efforts, the administrator can apply to the court for a Benjamin order (named after the 1902 case Re Benjamin). The court gives permission to distribute the estate on a stated assumption about the missing person — for example, that they died before the deceased — on the evidence put before it.
The order protects the administrator personally. It does not decide that the missing person has no rights: if they later appear, their claim is against the beneficiaries who received the money, not against the administrator who distributed it under the order. The practical alternative used in some estates is missing beneficiary insurance, which is a commercial product rather than a court process.
A beneficiary who does not want their inheritance can disclaim it. A disclaimer must be in writing, must cover the entire share (not part of it), and cannot be reversed once made. If the estranged child disclaims, their share passes to the next eligible person under intestacy.
A variation is the more flexible route. GOV.UK confirms that an inheritance can be redirected in the same way whether or not there was a will, provided it is done within two years of the death and everyone made worse off by the change agrees. A variation can reduce the inheritance tax or capital gains tax payable; if it increases the inheritance tax, HMRC must be told within six months.
Under intestacy, no — an estranged child cannot be disinherited. Only a will can attempt to disinherit a child. However, even a will cannot make absolute provision, because the disinherited child may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they can demonstrate that the will failed to make reasonable financial provision for them.
Whether an estranged child would succeed in a 1975 Act claim depends on their financial needs, the size of the estate, the circumstances of the estrangement, and the needs of other beneficiaries. Courts take a balanced view — estrangement does not automatically defeat a claim, but it is a relevant factor.
A letter of wishes kept with a will, setting out the reasons for limited provision, is one of the things a court can be shown when it considers the deceased's reasons. It does not prevent a claim being brought, and the court is not bound by it.
The surviving spouse has first priority. Children (including estranged children) have next priority. An estranged child is as entitled to apply for letters of administration as any other child — and may do so even if they are not on speaking terms with the other beneficiaries.
If there is conflict between children about who should administer the estate, the Probate Registry or courts can resolve the dispute. See our guide to applying for letters of administration.
The only way to address estrangement in your estate planning is through a will. A will can:
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