Eldest Child’s Rights: What Are They in England and Wales?
My father has died and his property has been divided between my brothers and other siblings. I am the firstborn child and was born while my parents were married. What claim do I have on my father’s property?
Does the firstborn child inherit more?
No.
In England and Wales, the eldest or firstborn child has no special right to:
- inherit a larger share of a parent’s estate;
- receive the family home;
- become the executor;
- administer the estate; or
- take control of the funeral or the deceased’s property.
It also makes no difference whether a child was born while their parents were married. Children born outside marriage have the same rights under the Rules of Intestacy.
What a child inherits will usually depend on whether their parent left a valid Will.
If your father left a Will
A valid Will normally determines:
- who inherits;
- how much each beneficiary receives; and
- who is appointed to administer the estate.
The eldest child has no special entitlement unless the Will specifically gives them a larger share or appoints them as an executor.
A parent is generally free to leave different amounts to different children or, in some circumstances, leave a child out of the Will completely. However, certain children, family members and dependants may be entitled to make a claim if the Will does not make reasonable financial provision for them.
Being the eldest child does not, by itself, make such a claim stronger.
If your father did not leave a Will
When someone dies without a valid Will, their estate is distributed under the Rules of Intestacy.
If there is no surviving spouse or civil partner, the deceased’s children will normally inherit the estate in equal shares. If one of those children died before the parent, that child’s descendants may inherit their share.
The eldest child receives exactly the same share as their brothers and sisters.
What if there is a surviving spouse or civil partner?
Where someone dies leaving a spouse or civil partner and children, the spouse or civil partner currently receives:
- the deceased’s personal possessions;
- the first £322,000 of the estate; and
- half of anything remaining.
The children share the other half of the remaining estate.
This means that where the estate is worth less than the statutory legacy, the children may receive nothing under the Rules of Intestacy. The £322,000 figure applies to deaths on or after 26 July 2023 and may change in the future.
[main Rules of Intestacy page]
Does the eldest child automatically become executor?
No.
Where there is a Will, the executors are the people appointed in the Will. A person does not become an executor simply because they are the eldest child or closest relative.
Where there is no Will, there is technically no executor. Someone entitled to deal with the estate must apply to become its administrator.
A surviving spouse or civil partner will normally have priority. If there is no surviving spouse or civil partner, adult children can usually apply. The eldest child does not have priority over the other children merely because of their age.
Registering the death, arranging the funeral, finding the Will or holding the deceased’s paperwork does not give someone additional inheritance rights.
Does the eldest child have the right to arrange the funeral?
The eldest child is not automatically responsible for the funeral.
Where there is a Will, the executors (legally) will often take the lead, usually in consultation with close family. A cremation application may commonly be made by an executor or next of kin.
Arranging or paying for the funeral does not give someone a greater share of the estate. Though if they pay for it, and reasonable expenses directly part of the funeral costs are a debt on the estate.
Anyone instructing a funeral director should establish how the funeral will be paid for before entering into an agreement, as the person signing the contract may become personally responsible for the bill.
Does being “born in wedlock” make a difference?
No.
The old distinction between children whose parents were married and those whose parents were not married no longer affects their entitlement under the Rules of Intestacy.
Biological and legally adopted children are normally treated equally. Stepchildren do not automatically inherit under intestacy unless they were legally adopted by the deceased.
What happens when a child has been adopted?
A child who was legally adopted into a family is generally treated as a child of their adoptive parents for inheritance purposes.
However, adoption will normally end that child’s automatic right to inherit from their biological parents under the Rules of Intestacy. A biological parent can still leave property to an adopted child through a valid Will.
Firstborn children, stepchildren and adopted children
| Situation | Position of the eldest child |
|---|---|
| There is a valid Will | No special rights unless the Will provides otherwise |
| There is no Will and no surviving spouse or civil partner | Children normally inherit in equal shares |
| There is no Will and a spouse or civil partner survives | The spouse or civil partner has priority; children may share part of the remaining estate |
| Applying to administer an intestate estate | Adult children normally have equal standing with one another |
| The child’s parents were unmarried | The child has no lesser entitlement |
| The child is a stepchild | No automatic entitlement under intestacy unless legally adopted |
| The child was adopted by another family | Normally no intestacy entitlement through the biological parent |
| The eldest child arranged the funeral | No additional inheritance rights arise |
Does primogeniture apply in England and Wales?
Primogeniture is the historical practice under which the eldest child—often the eldest son—inherited the family property.
Primogeniture does not determine how ordinary estates are distributed in England and Wales today.
The eldest son, eldest daughter or first child has no automatic advantage under a Will, the Rules of Intestacy or the probate application process.
Can a child challenge a Will or the Rules of Intestacy?
In some circumstances, a court claim may affect how an estate is distributed.
A claim for reasonable financial provision
Certain relatives and dependants may apply under the Inheritance (Provision for Family and Dependants) Act 1975 if the Will or Rules of Intestacy fail to make reasonable financial provision for them.
People who may be able to apply include:
- a spouse or civil partner;
- a former spouse or civil partner who has not remarried;
- a child of the deceased;
- someone treated as a child of the family; and
- someone who was financially maintained by the deceased.
Being entitled to apply does not mean that the claim will necessarily succeed. Most claims must normally be started within six months of the Grant of Representation, so early advice is important.
A promised inheritance
A possible claim may also arise where someone was clearly promised property or an inheritance and reasonably relied on that promise to their disadvantage.
This is known as proprietary estoppel. It often arises in family farming or business cases where a child worked for low pay because they had been promised that they would eventually inherit.
These claims depend heavily on the evidence, including what was promised, whether the promise was relied upon and what financial or personal disadvantage resulted.
What if one sibling has taken control of the estate?
One child should not simply take estate money, sell property or distribute belongings without proper authority.
If there is a Will, check who the executors are. If there is no Will, establish whether anyone has applied for Letters of Administration.
Concerns should be raised promptly where a sibling:
- refuses to produce the Will;
- takes money from the deceased’s accounts;
- removes or sells belongings;
- transfers property without authority;
- refuses to provide estate accounts; or
- distributes the estate incorrectly.
[Link: Probate Disputes]
The key point
The eldest or firstborn child has no special inheritance rights in England and Wales.
The outcome normally depends on:
- whether there is a valid Will;
- what the Will says;
- whether there is a surviving spouse or civil partner;
- which assets actually form part of the estate; and
- whether anyone has grounds for a legal claim.
Where there is no Will and no surviving spouse or civil partner, children will normally inherit equally. Being older, male or born while the parents were married does not increase a child’s entitlement.
Need help dealing with an estate?
We can help you understand who is entitled to administer an estate, how the Rules of Intestacy apply and whether specialist advice may be required.
This page provides general information about the law in England and Wales. It is not a substitute for advice based on the particular facts of an estate.