Dying Without a Will
When someone dies without a valid will, it’s called dying ‘intestate.’ That means the law decides who inherits their estate – not the person who died, and not the family.
What Happens if There’s No Will?
If there’s no will, the estate is passed on according to strict legal rules called the ‘rules of intestacy’. These rules follow a set order – usually starting with spouses and children, then moving to parents, siblings, and other relatives.
This can lead to surprises, especially in modern families. Partners who aren’t married or in a civil partnership aren’t legally entitled to anything – even if they lived together for decades.
Who Gets What Under Intestacy?
- If the person was married with no children: the spouse usually inherits everything.
- If married with children: the spouse gets the first £322,000 (as of 2024), and the rest is split.
- If unmarried: children inherit. If no children, then parents, siblings, nieces/nephews – in that order.
- If there are no surviving relatives: the estate goes to the Crown (this is called ‘bona vacantia’).
Who Handles the Estate?
Instead of an executor (named in a will), someone must apply to be the ‘administrator’ of the estate. They apply for a document called ‘letters of administration’ – this is similar to a grant of probate and gives them legal authority to manage everything.
Should I Get Help with Intestacy?
Yes – in many cases it’s worth getting advice. Intestacy can bring up family tension, confusion over who inherits, and legal uncertainty. It can also delay probate if relatives are hard to trace.
