First Born Child’s Rights: what are they?

The eldest child has no special inheritance rights in England and Wales. Being firstborn, male or born while the parents were married does not give a child priority over their siblings.

What someone inherits usually depends on the Will, the intestacy rules and which assets form part of the estate.

Does the firstborn child inherit more?

“My father has died and his property has been divided between my siblings. I am the firstborn child and was born while my parents were married. What claim do I have?”

Being the eldest does not, by itself, give you a larger share or a stronger claim.

Birth order does not automatically entitle someone to:

Inherit the family home.
Receive more than the other children.
Become executor or administrator.
Control the funeral.
Take possession of the deceased’s money or belongings.

If the parent left a valid Will

The Will normally determines who inherits and identifies the appointed executors.

A parent can generally leave different amounts to different children or leave a child out. There is no general rule requiring equal shares.

If the eldest child receives more, that is because of the Will’s provisions—not because the law gives firstborn children priority.

A Will may be challenged on recognised legal grounds. Separately, an eligible person may be able to claim reasonable financial provision from the estate. Neither type of claim succeeds merely because someone considers the distribution unfair.

If there is no valid Will

The intestacy rules determine who inherits the estate remaining after relevant debts, expenses and tax.

No surviving spouse or civil partner

The deceased’s children normally inherit in equal shares, subject to the statutory rules. If a child died before the parent, that child’s descendants may inherit their branch’s share.

Example: a parent dies without a spouse, civil partner or Will. Two children survive, and a third child died earlier leaving two children. Normally, each surviving child receives one-third, and the two grandchildren share the remaining third.

A surviving spouse or civil partner

The spouse or civil partner may inherit the whole intestate estate or share it with the deceased’s descendants, depending on its value and the applicable rules.

The eldest child has no priority over the other children. Children can receive nothing under intestacy where the spouse or civil partner’s entitlement absorbs the estate.

See the current intestacy allowances and distribution rules.

The rules and allowances applicable at the date of death matter. Do not apply today’s figures automatically to an earlier death.

Children under 18

A minor child’s inheritance under intestacy is normally held on statutory trusts rather than paid directly to them. The trustees must administer it under the applicable rules.

Does the eldest child automatically become executor?

No. Executors are appointed by the Will. A younger child, another relative, a friend or a professional may be appointed instead.

Being an executor does not itself entitle someone to a larger inheritance.

If there is no Will

There is no executor appointed by a Will. The person legally entitled to apply for the grant becomes an administrator when the grant is issued.

A surviving spouse or civil partner normally has priority. Where children are entitled to apply, the eldest does not take priority merely because of age. Applicants must meet the relevant requirements.

Registering the death, arranging the funeral or holding the paperwork does not create additional inheritance rights.

GOV.UK: applying for probate where there is no Will.

Does the eldest child have the right to arrange the funeral?

The eldest child does not have automatic priority simply because they were born first.

The executor normally has the primary responsibility for arranging disposal of the body. Where there is no executor able and willing to act, the position depends on who is entitled to administer the estate and the circumstances.

Families often agree arrangements together. If there is a serious disagreement about burial, cremation or who should take responsibility, obtain legal advice promptly.

Paying for the funeral

Arranging or paying for the funeral does not increase someone’s inheritance.

Reasonable funeral expenses can generally be paid from the estate. However, reimbursement depends on the circumstances, the reasonableness of the expense and the funds available.

The person who contracts with the funeral director may be personally responsible for the bill. Establish how payment will be made before committing to expenditure.

Does it matter whether the parents were married?

For current intestacy rules, a child does not have a lesser entitlement simply because their parents were unmarried.

Similarly, sons do not take priority over daughters. Establishing the legal relationship may require evidence where parentage is disputed.

Adopted children

A legally adopted child is generally treated as a child of their adoptive parents for inheritance purposes.

Adoption normally ends the child’s automatic intestacy entitlement through their former legal family. Special circumstances, including adoption by a parent’s partner, can affect the position.

A biological parent can still name a child adopted into another family as a beneficiary in their Will.

Stepchildren

A stepchild does not automatically inherit under a stepparent’s intestacy unless legally adopted by them.

A Will can provide for a stepchild. Depending on the circumstances, a stepchild may also qualify to seek reasonable financial provision from an estate.

Some assets may pass separately

A parent’s estate is not necessarily everything they owned or benefited from during life.

For example:

Property held as beneficial joint tenants normally passes to the surviving owner.
Pension death benefits may be paid under the pension scheme’s rules.
Life insurance held in trust may be paid to the trust’s beneficiaries.

These assets may pass outside the Will or intestacy rules. Their treatment for tax or a legal claim can involve different considerations.

This can explain why the amounts family members receive differ even where the estate itself is shared equally.

Does primogeniture still apply?

Primogeniture is the historical practice of inheritance passing to the firstborn, often the eldest son.

It does not govern the distribution of ordinary estates in England and Wales today. Certain titles and exceptional arrangements have separate rules, but they do not create a general firstborn right to a parent’s estate.

Can a child challenge the outcome?

There are different legal routes, and the correct one depends on the problem.

Challenging whether a Will is valid

Possible grounds include a failure to meet the signing requirements, lack of testamentary capacity, undue influence or fraud.

An unequal distribution, family disagreement or disappointment is not enough by itself to invalidate a Will.

Claiming reasonable financial provision

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply where the Will or intestacy does not make reasonable financial provision for them.

A child of the deceased can fall within an eligible category, including an adult child. Eligibility does not guarantee an award or an equal share.

Other potentially eligible applicants include spouses, civil partners, qualifying former partners, qualifying cohabiting partners, people treated as children of the family and certain people maintained by the deceased. Each category has conditions.

A 1975 Act application must normally be made within six months of the first grant of representation. The court can permit a late application, but permission is not guaranteed. Do not wait for the grant before seeking advice.

Different claims have different deadlines. Do not assume that the six-month period applies to every inheritance dispute.

A promised inheritance

A claim may sometimes arise where someone was assured they would receive property, relied on that assurance and suffered a disadvantage as a result.

This may involve proprietary estoppel. Such claims are highly dependent on the evidence and do not automatically result in the promised inheritance being awarded.

What if one sibling has taken control of the estate?

First establish their authority. They may be an appointed executor or administrator and entitled to carry out tasks that other siblings cannot.

Handling paperwork, securing belongings or collecting funds is not automatically wrongdoing. Equally, being the eldest does not authorise someone to take estate assets for themselves.

Check:

Whether there is a Will and who the executors are.
Whether a grant has been issued and who is named on it.
Whether transactions are being recorded.
Whether assets are being protected and liabilities investigated.
Whether there is a reasonable explanation for delays or decisions.

A Will is not generally a public document before a grant is issued. Refusing to provide a copy at that stage does not, by itself, prove misconduct.

Residuary beneficiaries are entitled to estate accounts. The information available to a beneficiary can depend on their interest and the circumstances.

Seek independent advice promptly if you suspect unauthorised transfers, missing assets, an incorrect distribution or an unreasonable refusal to account.

Find out how to obtain a copy of a Will or grant.

The key point

Birth order gives no special inheritance entitlement. Start with the Will, the intestacy rules, the ownership of the assets and the authority of the people administering the estate.

Related guidance

Last reviewed: 14 October 2026. General information for England and Wales, not legal advice about a particular estate. Older deaths, overseas connections and unusual family or property arrangements may require specialist advice.

Was This Helpful?

On this page