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Written by Betty Gardiner.
14 minute read
When someone dies without a will, they’re said to have died ‘intestate’, and the law decides who inherits their estate. In England and Wales, a married partner or civil partner inherits first, followed by children, then parents, brothers and sisters, and wider family. Unmarried partners and stepchildren don’t inherit automatically. To deal with the estate, a close relative applies for ‘letters of administration’.
If someone close to you has died without a will, it can feel like one more thing to deal with at an already difficult time. This guide explains, in plain English, what happens, who inherits and what you need to do next. It also covers how to make sure your own wishes are followed.
Key takeaways:
Dying intestate means dying without a valid will. Without a will, there are no instructions for how the person’s money, property and belongings should be shared out. Instead, the intestacy rules set out who inherits, based on who was married to them and who they’re related to.
If someone leaves a will that only covers part of their estate, the rest is dealt with under the intestacy rules. This is called ‘partial intestacy’.
The rules don’t always reflect modern families. They don’t recognise unmarried partners, stepchildren or close friends. So the outcome may be very different from what the person who’s died would have wanted.
Without a will, there’s no executor named to deal with the estate. Instead, a close relative takes on the role of ‘administrator’. The main steps are:
Before anything else, make sure the person really didn’t leave a will. Look through their paperwork at home, and contact any solicitor they used, as solicitors often store wills for their clients. Their bank may also hold one. You can also search the National Will Register, run by Certainty, and the gov.uk probate records to see if a will has already been used.
If you find a will, the executor named in it applies for probate instead. Our guide to what probate is explains how that works.
If there’s no will, the closest relative under the intestacy rules can apply to the Probate Registry for a ‘grant of letters of administration’. This is usually the married or civil partner, followed by the children. The grant does the same job as probate. It lets the administrator collect the money, close the bank accounts and deal with property.
Being an administrator is a big responsibility. The administrator must:
A straightforward estate can take six to twelve months to sort out. It can take longer if property needs to be sold, relatives need to be traced or there’s a dispute.
In England and Wales, the estate passes in this order:
Here’s how that can work in practice: If George dies married to Mary, with no children, and his estate is worth £100,000, Mary inherits everything after any debts are paid.
If Jane dies married to John, with two children, and her estate is worth £400,000, John receives the first £322,000 and half of the remaining £78,000 (£39,000). Their two children share the other £39,000 equally.
If Joe dies unmarried, leaving his partner Sarah and their three children, and his estate is worth £150,000, Sarah does not automatically inherit anything under the intestacy rules. Their three children inherit the estate equally, receiving £50,000 each.
Unmarried partners. However long a couple has lived together, an unmarried partner has no automatic right to inherit. If they lived together as a couple for at least two years before the death, they may be able to claim financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. It’s best to get legal advice.
Jointly owned property. Property owned as ‘joint tenants’ passes automatically to the surviving owner and isn’t part of the estate. If it’s owned as ‘tenants in common’, the person’s share is part of their estate and passes under the intestacy rules. Money in joint bank accounts usually passes to the surviving account holder.
If no eligible relatives can be found, the estate passes to the Crown. This is known as ‘bona vacantia’. In England and Wales, it’s handled by the Government Legal Department, which publishes a list of unclaimed estates so that relatives can come forward. A relative who’s found later can usually still claim, as long as it’s within 30 years of the death.
If someone dies with no family to arrange their funeral, the local council will arrange a simple public health funeral. Any costs may be recovered from the estate.
In both Scotland and Northern Ireland, the laws around intestacy differ from those in England and Wales, especially when it comes to surviving spouses or civil partners.
If someone in Northern Ireland dies without a will and the estate is worth less than £250,000, everything goes to the surviving spouse or civil partner. For estates over that amount, the spouse receives personal items, the first £250,000 (£450,000 if there are no children), and a share of the remaining estate. The rest is divided between children or, if there are none, other relatives such as parents or siblings.
Scotland’s intestacy rules focus on prior rights, legal rights, and the free estate. The surviving spouse or civil partner has specific rights to the home (up to £473,000), household contents (up to £29,000), and a cash sum, depending on whether the deceased had children. After these rights are satisfied, both the spouse and children can claim a portion of the remaining assets, with the rest distributed to other relatives if applicable.
Dying without a will can cost the family more, both in money and in time:
Disagreements can be particularly difficult when everyone is grieving. If there is uncertainty about what the person who has died would have wanted, it can help to talk things through calmly. This can be especially important when dealing with disagreements over funeral arrangements.
The simplest way to avoid intestacy is to make a valid will and keep it up to date, particularly after significant life changes such as marriage, divorce or having children. Understanding the importance of writing a will can help you decide how you would like your estate to be dealt with.
A will lets you choose who inherits, including unmarried partners, stepchildren, friends and charities. It also allows you to choose an executor you trust to deal with your estate after you die.
You can make a will with a solicitor, through a will-writing service or online. If your estate or family circumstances are complicated, getting advice from a solicitor can help make sure your wishes are properly recorded.
It can also help to get your wider affairs in order:
Knowing what to do when someone dies isn’t something we want to plan for, but it can reduce the burden on your family after you pass. Aside from creating a will, there are other important end-of-life plans you can make to get your affairs in order and take some pressure off of those you leave behind. For example, it’s a good idea to organise your financial and personal documents. This ensures that your family knows where to find important paperwork, such as bank account details, property deeds, insurance policies, and pension information.
Additionally, you may find that establishing a living trust is useful when planning your estate. This allows you to transfer your assets to beneficiaries while avoiding probate. Unlike a will, which only takes effect after death, a living trust can be used during your lifetime, providing flexibility and privacy for managing your assets. However, it’s a good idea to involve a solicitor if you decide to look into this.
It may also be helpful to make a living will to outline your wishes in case a person dies without leaving clear instructions. This is a document that specifies the type of care you want to receive if you are unable to communicate, easing the burden of difficult decisions for your family.
Navigating funeral arrangements after the loss of a loved one can feel overwhelming. That’s why considering a prepaid funeral plan as part of your end-of-life preparations can be a thoughtful, practical choice for your loved ones. It allows you to arrange the details and cover the costs of your funeral in advance, sparing your family from making difficult decisions during an already emotional time.
With a prepaid funeral plan, you have the opportunity to plan your funeral exactly the way you want it, ensuring your wishes are honoured. Plus, by securing today’s prices, you protect your family from rising funeral costs in the future.
At Aura, we offer all-inclusive prepaid funeral plans specifically for direct cremations. These plans are affordable and remove the complex formalities of a traditional funeral, giving those you leave behind the flexible option to remember you however they want. Our plans include all the essential services for your funeral, leaving nothing left for your family to pay.
When the time comes, our team of expert funeral arrangers, the Aura Angels, will be on hand to guide your family at every step. Whether it’s handling paperwork, taking care of arrangements, or offering emotional support, we’ll be there to help as much or as little as needed. Get in touch with our team and we’ll be happy to answer any questions you have about funeral plans or anything else about Aura funerals.
If you have any questions, would like a brochure or simply would like a chat through our services, our award-winning team is here to help.
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When someone dies without a valid will, it’s called intestacy. This means their estate (money, property, and belongings) is distributed according to strict legal rules, rather than their personal wishes.
Inheritance follows a legal order:
Married/civil partners often inherit first.
Children are next in line.
If there are no close relatives, more distant family members may inherit.
Unmarried partners and stepchildren do not automatically inherit anything.
If no eligible relatives can be found, the estate becomes “bona vacantia” and passes to the state (the Crown).
Many people are surprised to learn that, without a will, everything they owned could be lost from their family entirely.
No. Unmarried partners or cohabiting couples have no automatic right to inheritance under intestacy laws. However, they may apply for financial provision through the courts in some cases.
Yes. If there’s no will, a close relative must apply for a grant of letters of administration, giving them legal authority to manage the estate. This process is similar to probate and can be slower and more complex.
If no eligible relatives are identified, the estate becomes bona vacantia, meaning it passes to the Crown or government.
Children inherit a portion of the estate only after the first £322,000 goes to the surviving spouse. If the parents were unmarried, the children inherit the entire estate.
It depends on how the property is owned:
Joint tenancy: The surviving co-owner automatically inherits.
Tenancy in common: The deceased’s share becomes part of their estate and is distributed via intestacy rules.
Yes. Disputes can arise—especially in blended families or when unmarried partners or stepchildren are left out. Legal advice is recommended if someone wishes to challenge the outcome.
By writing a legally valid will. This ensures your estate goes to the people or causes you care about and helps avoid confusion, delays, and disputes.
Not necessarily. There are affordable online services and templates, or you can consult a solicitor for more complex estates. It’s a small investment that brings peace of mind and protects your loved ones.