What Happens If There's No Will?

Someone passing away without a valid will is a more common event than you might expect. When this happens in England and Wales, the person is said to have died intestate, and it means the law steps in to decide what happens to their estate.

Rather than the deceased's wishes determining who receives what, the rules of intestacy take effect. While these rules do aim to provide a fair structure, they often don't reflect what the individual would have wanted, particularly for unmarried couples or blended families.

Who administers the estate?

When there's no will, there's no named executor. Instead a relative, typically a spouse, child, or close family member, must apply to the Probate Registry for what's called a Grant of Letters of Administration. This document gives them the legal authority to manage the estate. They are then known as an administrator and complete the same role as an executor would have done if the deceased had made a will. Crucially though an executor's right to administer an estate derives from a will whereas an administrator's right derives from the Grant which can lead to delays.

The administrator's role is to value all the assets and liabilities of the estate, pay off any debts and taxes, and distribute the remaining estate in line with the intestacy rules. It can be a time consuming and onerous task, especially if the estate includes property or multiple beneficiaries, or if a claim is brought against the estate by an individual who believes they have not been provided for.

Applying for a Grant of Letters of Administration

The process of obtaining the grant is broadly similar to applying for probate when a will exists. The key steps are:

1. Check if a grant is needed – Not all estates require a grant to be administered. If the estate is small or held jointly (e.g. a joint bank account), a grant might not be necessary.
2. Value the estate – The administrator must work out the value of the estate, including all assets and any debts owed.
3. Where relevant report to HMRC and arrange for any inheritance tax that is due to be paid.
4. Apply online or by post – The administrator applies to the Probate Registry, including the death certificate and estate valuation, along with a fee (currently £300 for estates over £5,000). Currently not all intestate applications can be made online and the postal system can take significantly longer.
5. Receive the grant – If everything is in order, the Probate Registry will issue the Grant of Letters of Administration.
6. Deal with the estate – Once the grant is received, the administrator can collect the deceased's assets, pay debts, and distribute what's left according to the rules of intestacy.

This process can take several months or even years, especially if the estate is complex or includes property, business interests, or overseas assets.

How Are Assets Distributed?

The rules of intestacy prioritise certain relatives in a set order. This is how it works:

• Spouse or civil partner: If there are no children, the entire estate goes to the spouse or civil partner. If there are children, the spouse receives a statutory legacy (currently £322,000), all personal possessions, and half of the remaining estate. The other half goes to the children.
• Children: If there is no surviving spouse or civil partner, children inherit everything, divided equally.
• Other relatives: If there is no spouse/civil partner and no children the estate is shared according to a set format — first parents, then siblings, nieces/nephews, grandparents, aunts/uncles, and so on.
• No close family? If no family members can be located the estate passes to the Crown through a process known as bona vacantia.

The UK government has provided a useful online tool to check who can apply for probate and inherit if someone dies without a will.

One crucial point: unmarried partners have no automatic right to inherit, even if they lived with the deceased for decades. This often comes as a nasty surprise and can lead to hardship or disputes.

Why Making a Will Matters

Intestacy can lead to outcomes no one anticipated. It might exclude people the deceased cared deeply for or create disputes between family members. Making a will is the best way to:

• Decide who inherits your assets
• Provide for your partner (especially if you're not married or in a civil partnership)
• Nominate guardians for your children
• Reduce or even eliminate inheritance tax
• Make the estate administration process simpler and more efficient

It also brings peace of mind, knowing that your wishes will be respected and your loved ones will be protected.

Contact us

If you would like any advice regarding this, or any other legal and financial matter, please contact our specialist team:

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