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Grandchildren do not automatically inherit from a grandparent who dies without a will. They only inherit if their parent — the grandparent's child — has already died. This is the principle of representation, sometimes called per stirpes distribution, and it ensures that the share that would have gone to a deceased child passes instead to that child's own children.
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Under the Administration of Estates Act 1925, the intestacy rules apply in a strict hierarchy. Children inherit first. Grandchildren only inherit by stepping into the shoes of a deceased parent — they do not inherit alongside their parent if that parent is alive.
The principle of representation works as follows:
The grandparent's entire estate passes to the grandchildren, divided according to the share their parent would have received.
Example: Grandparent has two children (A and B), both deceased. A had one grandchild (X), B had two grandchildren (Y and Z). X receives half the estate. Y and Z each receive a quarter.
The surviving children take their own shares. The deceased children's shares pass to their own children (the grandchildren) by representation.
Example: Grandparent has three children (A, B, and C). A survives, B has predeceased leaving two children (X and Y), C has predeceased leaving no children. A receives one-third. X and Y each receive one-sixth (sharing B's one-third). C's share is redistributed — split equally between the remaining shares (A receives one-sixth extra, X and Y one-twelfth extra each).
For the full intestacy overview, see our main intestacy guide.
If no children or grandchildren survive the deceased, the estate passes further down the next-of-kin hierarchy:
See our guide on dying without a will when siblings are next of kin and our guide on dying without a will with no surviving relatives.
If all children have predeceased and only grandchildren survive, adult grandchildren have the right to apply for letters of administration. The Probate Registry will require evidence of the family structure — the death certificates of the children, and evidence of the grandchildren's relationship to the deceased.
If some grandchildren are minors, those adults who are eligible should apply, and the minors' shares will be held on statutory trust until they reach 18.
See our guide to applying for letters of administration and our complete UK probate guide.
If there was a surviving spouse, a joint tenancy home passes by survivorship. In a grandchildren-only scenario, the grandparent is unlikely to have had a joint tenant (since the children have predeceased), so the home typically forms part of the estate.
Multiple grandchildren may inherit a share of the property. This can create complications if some want to sell and others want to retain it. Legal advice is recommended, and in the absence of agreement, the court can be asked to resolve the dispute.
Joint bank accounts and jointly held savings pass by survivorship to the surviving joint account holder. Any assets solely held by the deceased form part of the estate.
Where the grandparent was widowed and held all assets solely, the estate will be straightforward — though potentially complex if many grandchildren from different children are involved.
Without a surviving spouse, the estate is subject to the standard inheritance tax thresholds. The nil-rate band is £325,000 (2026–27). The residence nil-rate band (up to £175,000) may apply where the family home passes to direct descendants — which includes grandchildren.
For more detail, see our inheritance tax guide for 2026–27.
Grandparents who wish to make specific provision for grandchildren — whether named individuals, equal shares, or structured through trusts — can only do so through a will. The intestacy rules provide only the mechanical per stirpes distribution and cannot reflect the grandparent's actual wishes.
If you die married with no children and no will, your spouse inherits your entire estate. How the intestacy rules work, what documents are needed, and next steps.
Married with children and no will? Your spouse gets £322,000 plus personal chattels plus half the remainder. Children share the other half. Full UK intestacy rules explained.
Unmarried partners have no automatic inheritance rights under UK intestacy law — regardless of relationship length. What happens to the estate, and what you can do.
Long-term cohabiting partners have no automatic inheritance rights in England and Wales. What the law says, what you can claim, and how to protect your partner.
When someone dies without a will and no surviving spouse, children inherit equally. How UK intestacy rules divide the estate between children, and what to do next.
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