When someone dies without a valid will, they are said to have died intestate. This can create uncertainty and stress for family members at an already difficult time. Without clear instructions in place, the law determines how the estate is administered and who inherits, which may not reflect the deceased’s wishes or personal circumstances. This can lead to confusion, delays, and in some cases disputes between family members.
Understanding how intestacy works can help clarify what to expect and how matters are resolved.
What Does Intestacy Mean?
Intestacy occurs when a person dies without leaving a valid will, or where their will does not effectively deal with all of their assets. This may happen where they leave no will, or where a will is invalid, outdated, or fails to account for certain property or financial arrangements. In these circumstances, the estate is distributed according to the intestacy rules set out in law.
These rules apply regardless of the deceased’s personal relationships or intentions. Unmarried partners, stepchildren, and close friends are not automatically entitled to inherit, even if they were financially dependent on the deceased or played a significant role in their life.
Who Can Deal with the Estate?
When there is no will, someone must apply to administer the estate. This is known as applying for a grant of letters of administration. The law sets out a strict order of priority for who can apply, usually starting with a surviving spouse or civil partner, followed by children or other close relatives.
The administrator’s role is to identify and collect the estate’s assets, pay any outstanding debts, expenses, and taxes, and distribute what remains in accordance with the intestacy rules. This process can be more time-consuming and complex than where a will is in place, particularly if there are disagreements about entitlement or difficulties locating beneficiaries.
Who Inherits Under the Intestacy Rules?
The intestacy rules determine who inherits and in what proportions. A surviving spouse or civil partner will usually inherit all or most of the estate, depending on whether there are children and the value of the estate. Children may inherit either immediately or once they reach 18 years old, with their entitlement often held on trust until then.
If there is no spouse, civil partner, or children, the estate may pass to other relatives such as parents, siblings, or more distant family members in a set legal order. If no eligible relatives can be found, the estate ultimately passes to the Crown.
What if the Outcomes Feels Unfair?
The intestacy rules can produce results that feel unjust or impractical, particularly where long term partners, dependants, or individuals who were financially supported by the deceased are left without provision. In certain circumstances, eligible individuals may be able to make a claim under the Inheritance Act to seek reasonable financial provision from the estate.
These claims are subject to strict time limits and legal criteria, making early advice essential.
Key Considerations
Dying without a will can leave loved ones without clarity or security and may lead to disputes, delays, or unintended outcomes at an already difficult time. Family members may be left uncertain about their rights or responsibilities, and relationships can become strained as a result. Making a valid will is the most effective way to ensure that your wishes are respected, your estate is dealt with efficiently, and those you care about are properly provided for. It also allows you to reduce the risk of conflict, provide reassurance to your loved ones, and ensure that important decisions are made by you rather than imposed by law.
We Can Help
Dealing with an intestate estate can be complex and emotionally challenging. Our private client specialists can guide you through the administration process, advise on inheritance rights, the rules of intestacy and help resolve any disputes that arise.
If you need advice following the death of someone without a will, or would like to put a will in place yourself, contact us to discuss your options.
