What happens when someone dies without a Will?

When you are dealing with a bereavement, the last thing you want is any legal uncertainty. Yet many people find themselves facing exactly that situation when a relative or partner dies without making a will. 

What is intestacy?

When someone dies without leaving a will, they are said to have died “intestate”. In these circumstances, the distribution of their assets (known as their "estate") is governed by the rules of intestacy, rather than by the individual’s personal wishes. 

The intestacy rules follow a fixed hierarchy of relatives and do not take into account friends, unmarried partners, or charities, regardless of the deceased’s relationship with them.

Somebody usually needs to apply for what is known as a grant of Letters of Administration, to deal with the estate of someone who has died without a will. The grant of Letters of Administration appoints an administrator, and this document gives that person the legal authority to collect in assets, settle liabilities and distribute the estate to the persons entitled under the intestacy rules, in much the same way as an executor of a will would operate. 

The intestacy rules provide a strict order of priority for who can make the application for Letters of Administration and for who can benefit from the deceased person's estate. This can sometimes produce outcomes that families do not expect, particularly where the deceased was in a long term relationship but was unmarried, had estranged children or stepchildren, or had intended to make a will but never got round to doing it. 

Who is entitled to the estate when there is no will?

In broad terms, if someone dies without leaving a will, their spouse or civil partner are usually first in line to inherit their assets, followed by any children. 

The exact way in which an estate will be distributed will depend on the total value of the estate and the family circumstances of the person who has died. Not all assets are taken into account, for example, joint assets that pass under the rules of survivorship would not come into the calculation. 

If there is no surviving spouse, civil partner or children, the rules move on to other relatives in a set order of priority.

One important point to be aware of is that unmarried partners do not inherit under the intestacy rules, no matter how long they were together. This often comes as a surprise and in some circumstances can create disruption and uncertainty at an already difficult time. 

On the other hand, if the deceased was legally married but separated, the separated spouse would still be entitled to the majority of the estate and would be the person entitled to apply for the grant of letters of administration. 

What do I do if someone dies intestate?

One of the first things to do when someone dies without a will, is to identify who is entitled to apply to act as the administrator of the estate. The administrator will be the person responsible for dealing with the practical and legal aspects of the estate administration.

The next steps usually include identifying the assets and liabilities of the estate, dealing with any inheritance tax reporting requirements, applying for the Grant of Letters of Administration, collecting in the estate and then distributing it to the people entitled under the intestacy rules.

Get legal help if someone dies without a will

Dealing with an estate where there is no will can feel overwhelming, especially when you are also dealing with bereavement. 

If you need help dealing with the estate of a family member who has died without a will, our Private Client team can provide clear, practical advice and support throughout the process.

If you would like to avoid the uncertainty that can arise when somebody dies without a Will, please get in touch with our Private Client team. We can advise you on putting a Will in place so that your wishes are clearly recorded and can be followed when the time comes.