What Happens If Someone Dies Without a Will?

A Detailed Guide to Intestacy in the UK

When someone dies without a valid Will, their estate doesn’t simply pause until things are sorted, it follows a strict legal process known as intestacy. This can lead to confusion, delays, and unintended consequences for families already dealing with grief.

At Evalen Law Solicitors, we regularly advise clients in this position. This article will walk you through what intestacy means, how the law works, who inherits, and what steps you need to take if you're dealing with an intestate estate.

What Is Intestacy?

Intestacy is the legal term for the situation where someone dies without a valid Will in place. In such cases, the law, not the deceased's personal wishes, decides who inherits their money, property, and possessions.

A Will allows individuals to choose how their estate is distributed. Without one, the estate must be distributed according to the rules set out in the Administration of Estates Act 1925 and the Intestacy Rules.

Who Can Inherit? The Rules of Intestacy (England & Wales)

Here’s a simplified version of the order in which relatives inherit if someone dies intestate:

1. Married or Civil Partner

• If there are no children, the spouse inherits the entire estate.

• If there are children, the spouse inherits:

  • All personal possessions

  • The first £322,000 of the estate

  • Half of the remainder

  • The other half goes to the children equally

Cohabiting partners (even long-term) do not automatically inherit anything under the rules of intestacy.

2. Children

• If there is no spouse, children inherit the estate equally.

• This includes adopted children, but not stepchildren (unless legally adopted).

3. Other Family Members (in this order):

• Parents

• Full siblings (or their children if deceased)

• Half-siblings (or their children)

• Grandparents

• Aunts and uncles (full blood, then half-blood)

• If none of the above: The estate passes to the Crown (bona vacantia)

Who Administers the Estate?

If there’s no Will, there’s also no executor. Instead, the court appoints an administrator, usually the closest relative, through a process known as applying for a Grant of Letters of Administration.

Administrators have legal responsibility to:

• Collect all assets

• Pay any debts, taxes, and funeral costs

• Distribute the estate according to the intestacy rules

This is often where delays and mistakes happen, especially if the estate is large or complex.

What If There Are Complications?

Dealing with intestacy isn’t always straightforward. Here are some common issues we help clients resolve:

Disputes Between Family Members

Disagreements over who should inherit or who should administer the estate are common. These can sometimes lead to contentious probate claims.

Financial Dependants Not Provided For

Cohabiting partners or other dependants not entitled under intestacy may have to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This can be a sensitive and time-critical legal process.

Missing or Estranged Family

Sometimes entitled beneficiaries are hard to locate or have been out of contact for years. In these cases, tracing agents or genealogists may be needed.

Tax and Property Complications

Large estates, property ownership, or business interests can make administration more complex, particularly when inheritance tax is involved.

What Should You Do If a Loved One Died Intestate?

If you’re facing this situation, here’s a basic checklist to help you get started:

Step 1: Register the Death

Before any legal process can begin, the death must be formally registered.

Step 2: Identify Who Has the Right to Apply

Usually, the surviving spouse or children have priority when applying to be an administrator.

Step 3: Apply for a Grant of Letters of Administration

This is done through the Probate Registry. You'll need:

• The original death certificate

• A full valuation of the estate

• An inheritance tax return (even if no tax is due)

Step 4: Administer the Estate

This includes:

• Gathering all assets (bank accounts, property, pensions, etc.)

• Paying off debts, tax, and administration costs

• Distributing the estate to beneficiaries in line with the intestacy rules

How to Avoid Intestacy

The best way to prevent confusion and unintended consequences is to make a valid Will. A properly drafted Will ensures:

• Your assets go to the people you choose

• Partners, stepchildren, or friends can be provided for

• You can appoint guardians for minor children

• You can potentially reduce inheritance tax liabilities

• You spare your loved ones from legal headaches at a difficult time

We recommend reviewing your Will every few years or after major life changes (marriage, divorce, having children, buying property, etc.).

Dealing with the estate of a loved one who has died without a Will can be emotionally and legally complex. At Evalen Law Solicitors, we offer clear, compassionate guidance through every step of the process, whether you’re administering an estate or thinking ahead to protect your own.