When someone dies without writing a Will, their estate is shared out according to the rules of intestacy.
These rules decide who can inherit when there is no valid Will in place. They may not reflect what the person would have wanted, which is why making a clear, legally valid Will is so important.
In the UK, millions of adults have not yet written a Will. Many people put it off until later life, but some people die before they ever get the chance to make one.
When someone dies without a valid Will, they are known as intestate. This can also happen where a Will is poorly written, does not cover the whole estate, or has not been signed and witnessed correctly.
In these cases, the rules of intestacy come into play.
The rules of intestacy are a set of laws in England and Wales that decide what happens to someone's estate if they die without a valid Will.
Below are some of the most common situations and how an estate may be distributed if there is no Will.
If you have recently lost a loved one and there was no Will, you may have questions about who can inherit their estate.
The answer depends on the family situation of the person who died.
If the person who died was married or in a civil partnership and had no children, the surviving spouse or civil partner will usually inherit everything.
This is also the case where the person who died had stepchildren only, as stepchildren do not automatically inherit under the rules of intestacy.
If the person who died was married or in a civil partnership and had children, the surviving spouse or civil partner inherits personal possessions and the first £322,000 of the estate.
If the estate is worth more than £322,000, the surviving spouse or civil partner also inherits half of anything above that amount. The remaining half is shared equally between the children.
If one of the children has already died, that child's children or grandchildren may inherit their parent's share.
If the person who died was unmarried and had children, the estate is shared equally between the children.
Stepchildren do not automatically inherit under the rules of intestacy unless they were legally adopted.
If John had not had children or grandchildren of his own, his share would usually have passed to Daniel.
If the person who died was unmarried and had no children, the estate is inherited by close relatives in a set order of priority.
The order usually follows:
◆ Parents
◆ Brothers and sisters
◆ Half brothers and half sisters
◆ Grandparents
◆ Aunts and uncles
◆ Children of aunts and uncles, such as cousins
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If someone dies without leaving a Will, a family member may need to apply for a grant of letters of administration.
This gives the administrator legal authority to deal with the estate, which may include selling property, closing accounts, paying debts and distributing assets.
In many cases, the person who stands to inherit the most under the rules of intestacy is the person responsible for dealing with the estate. This person is known as the administrator.
Probate is not needed after every death, so the first step is to check whether a grant of letters of administration is required.
If it is needed, the person entitled to apply can ask the probate registry for legal authority to administer the estate. Once granted, they can collect in the estate, deal with liabilities and distribute assets according to the rules of intestacy.
If the estate is complex, or if family members are unsure who is entitled to apply, professional advice can help avoid delays and disputes.
The rules of intestacy are fixed. They do not take account of personal relationships, promises, financial dependence or informal arrangements unless the law specifically recognises them.
Writing a Will allows you to decide who should inherit, who should deal with your estate, and how your wishes should be carried out.
Without a Will, the people closest to you may face extra uncertainty at an already difficult time.
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By The Willow™, a trading name of LCR Group Holdings, provides access to self-service legal forms and information. By The Willow™ is not a law firm and does not provide legal advice. It is not a substitute for a qualified attorney’s advice.
