If someone dies without leaving a valid Will, they are said to have died “intestate”. Dying intestate means that their estate (property, money and possessions) will be distributed according to a strict set of laws set out in the Administration of Estates Act 1925 and subsequent legislation set out in The Inheritance and Trustees Powers Act 2014. Additionally, it is only married partners, civil partners, and some relatives that can inherit according to a specific set of guidelines under the rules of intestacy. For loved ones, who are already dealing with grief, this can make the situation a lot more complex, cause delays, and add unnecessary stress at an already difficult time.
Recent research suggests that approximately 40% of adults in the UK still do not have a Will, and many people still assume their estate will automatically pass to their loved ones. However, the reality is often more complicated. In our previous blog, we discussed the risks of using DIY Will services and the importance of professional Will writing. In this article, our Probate team explains what happens when someone dies without a Will, who is allowed to inherit under the rules of intestacy, and why having a properly drafted Will is so important.
What Are the Rules of Intestacy in the UK?
When a person dies ‘intestate’ (a Latin term basically meaning ‘without a testament’) it means they have not left a valid Will that explains how they want their estate to be distributed. If there isn’t a valid Will, it can be for several reasons, including:
- They never made one.
- The Will was not properly executed or witnessed.
- The Will was destroyed or lost.
- Their Will is invalid for some other legal reason.
Under these circumstances, intestacy laws decide who inherits and in what order, regardless of what the person may have wanted or verbally promised to family members or loved ones.
What is the Order of Priority on Intestacy?
Intestacy rules follow a strict order of priority and set out who can inherit. Not everyone is entitled to inherit under these laws, and often the rules can produce outcomes that many people would find surprising or unfair. Who inherits under these rules may also not align with how the deceased would have wanted their estate distributed. Below, we set out the standard order of priority under current laws; however, it also depends on certain factors such as when and where the deceased was domiciled when they died.
- If there is a living husband, wife, or civil partner:
The spouse or civil partner will inherit all their personal possessions and up to £322,000 in assets (as of July 2023, this figure is reviewed periodically). If their estate is worth more than £322,000 and there are children, the spouse receives half of the remaining estate, and the other half is divided equally between any surviving children. If any of the children died before the deceased, their children (grandchildren of the deceased) will inherit in their place. If any of these grandchildren died before the deceased, their children (great-grandchildren of the deceased) will inherit in their place.
If any of these people died after the deceased, their share will become part of their own estate*.
- If they are not married or in a civil partnership
Unmarried partners, regardless of how long they have been together, have no automatic right to inherit under current intestacy laws. This is probably one of the most misunderstood areas of inheritance law. If a long-term partner believes they should inherit, they will need to make a claim against the estate, which can be costly, time-consuming, and has no guarantees.
- If they have children, but were not married or in a civil partnership
If they were not married or in a civil partnership, and died intestate, the estate will be divided equally between any surviving children, or as outlined above, if any of the children died before the deceased.
- If there are no spouse, civil partner, or children:
The estate passes to surviving relatives in the following order:
- Parents
- Brothers and sisters (or their children if they have died)
- Half-brothers and half-sisters (or their children if they have died)
- Grandparents
- Aunts and uncles (or their children if they have died)
- Half-aunts and half-uncles (or their children if they have died)
If none of these relatives can be found, the estate passes to the Crown as “bona vacantia.”
*For more guidance on who can apply for probate and who is entitled to a share of someone’s money, property and possessions if they die without making a will, access the GOV.UK guidance here: Check who can apply for probate and inherit if someone dies without a will.
Can Stepchildren, Unmarried Partners, or Friends Inherit?
Unfortunately, unless expressly provided for in a valid Will, stepchildren (unless legally adopted), unmarried partners, friends, or other loved ones have no automatic entitlement to inherit. This would also include charities, long-term carers, or other people the deceased made promises to. For those who were financially dependent on the deceased or who were promised an inheritance, this can cause significant hardship and distress.
As mentioned above, if someone who is not automatically entitled to inherit but strongly believes they should be, they would need to make a specific inheritance claim.
Issues and Disputes That Can Arise When Someone Dies Without a Will
Dealing with someone’s estate when they have not left a Will can often be more complex and is more likely to result in a dispute over how the estate is distributed. Dying without a Will can create a range of problems for families and loved ones, including, but not limited to:
- Delays in administering the estate.
- Disagreements between family members, expectant beneficiaries, and potential legal disputes.
- Financial hardship for unmarried partners, stepchildren, and friends who were financially dependent on the deceased.
- Unintended beneficiaries or estranged beneficiaries may inherit, while close friends, long-term partners, or carers receive nothing.
- Additional administrative costs of dealing with an intestate estate.
- Inheritance for children under the age of 18 must be held in a trust until they turn 18, which can create additional considerations and complications for those administering an estate.
Without a carefully drafted, valid Will, you will lose control over all these important decisions, and the law decides for you.
The Risks of DIY or Online Will Services
As highlighted in our previous blog, while DIY and online Will services may seem more cost-effective, these services come with significant risks. A poorly drafted Will, or one prepared via an unregulated service, can be just as problematic as dying without one, leading to disputes, delays, additional costs, and unintended outcomes.
Having your Will drafted by an experienced, regulated professional ensures your wishes are clearly expressed, legally valid, and structured in the most tax-efficient way. It also provides you with the peace of mind that comes from knowing your loved ones will be protected.
How our Probate Team Can Help
At MJV Solicitors, our experienced Probate team understands how difficult it can be to deal with the loss of a loved one, and how daunting it is when there is no Will in place.
We can guide you through the intestacy process, including applying for Letters of Administration (instead of a Grant of Probate, which is needed when there is a Will), and ensure that the estate is administered correctly and efficiently.
Accessible Fixed Fee Probate and Estate Administration Services
We understand that our clients often worry about the expense of legal services, and we can offer fixed fees for most of our probate and estate administration services. Our solicitors will always ensure that you are fully aware of any costs involved, so there are no surprises when our bill arrives. You can find out more about our probate fees here: Probate Price Guide.
We also appreciate that our clients may not always be available to meet with us at our offices or during traditional office hours. That is why we can arrange to meet you at a time and place that suits you, wherever possible.
If you want to ensure that your own affairs are in order, our Will Writing team can help you create a professionally drafted Will that reflects your wishes and protects your loved ones.
We are regulated by the Solicitors Regulation Authority (SRA), meaning our law firm and solicitors are bound by strict regulatory obligations and standards, giving you the confidence that your Will is in safe hands and that any probate services will be conducted with the utmost care and efficiency.
Probate Solicitors in Cleveleys, Blackpool and across the Fylde Coast
MJV Solicitors is a law firm providing probate and Will writing services across the Fylde Coast. With offices in Thornton-Cleveleys and Blackpool, we regularly assist clients based in Fleetwood, Thornton-Cleveleys, Bispham, Blackpool, Poulton-le-Fylde, Lytham St Annes and more.
To speak to a member of our team for a free, no obligation chat about our services, complete our enquiry form or contact us by calling 01253 858231 or emailing us at info@mjvlaw.co.uk
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
