What Happens if There is No Will?

When someone dies without a will, a fixed set of legal rules, known as the rules of intestacy, determine who is entitled to inherit the estate. These rules follow a strict order and do not take into account personal wishes, informal arrangements, or the length of relationships.

The order of entitlement typically begins with a spouse or civil partner, followed by children, then other family members. Unmarried partners do not inherit automatically under the rules of intestacy, regardless of how long the relationship lasted. There is separate legislation that may allow them to make a claim, but this is not automatic and can involve court proceedings.

Where there is no will, a close family member will need to apply for Letters of Administration rather than a Grant of Probate. The administration then proceeds under the rules of intestacy rather than the instructions of a will.

These situations can become complex, particularly where family relationships are unclear, disputed, or where eligible individuals cannot be located.

At MJV Solicitors, we advise families on how estates are administered where there is no will and help navigate the practical and legal challenges that can arise.

Probate without a Will - FAQs

What happens if someone dies without a will?
The rules of intestacy determine who inherits, following a fixed legal order.
Do unmarried partners inherit automatically?
No. Unmarried partners have no automatic entitlement under the rules of intestacy.
What is Letters of Administration?
The legal authority granted to administer an estate where there is no will.