Intestacy Explained: What Happens If There Is No Will?
From the Wills and Probate Team at Phillips Solicitors
When someone dies without a valid Will, their estate is usually dealt with under the rules of intestacy. These rules determine who is entitled to administer the estate and who is entitled to inherit.
While the rules are designed to provide a clear legal framework, they do not take account of an individual’s personal wishes, family relationships, or intentions. As a result, the outcome may be very different from what the deceased or their family expected.
Why Intestacy Matters
The intestacy rules apply a fixed order of inheritance. They do not consider what the deceased may have said during their lifetime or what family members believe they would have wanted.
This can create particular difficulties for:
- Unmarried partners.
- Separated but not divorced spouses.
- Blended families.
- Stepchildren.
- Relatives who expected a different outcome.
Under the intestacy rules, priority is generally given to a surviving spouse or civil partner, followed by specified blood relatives. An unmarried partner does not automatically inherit, regardless of the length of the relationship.
Why the Administration Process Can Be More Difficult
When a valid Will exists, it usually identifies the Executors responsible for administering the estate.
Where there is no Will, family members must first establish who has the legal right to deal with the estate. This can create uncertainty and delay at a time when relatives are already coping with bereavement.
Depending on the circumstances, an eligible family member may need to apply for Letters of Administration before they can deal with certain assets.
Common Situations Where Problems Arise
Intestacy issues frequently arise where:
- A person lived with a long-term partner but was not married or in a civil partnership.
- There are children from different relationships.
- There are no close surviving relatives.
- Family members are unsure who has the right to apply to administer the estate.
- The deceased expressed wishes verbally but never signed a valid Will.
In many of these situations, the legal position may differ significantly from the family’s expectations.
Practical Steps After a Death
If someone dies and there is no obvious Will, one of the first steps is to check carefully whether a valid Will exists.
If no Will can be located, it will normally be necessary to:
- Identify who is entitled to administer the estate.
- Establish who is entitled to inherit under the intestacy rules.
- Gather information about the deceased’s assets and liabilities.
- Consider whether an application for Letters of Administration is required.
Obtaining advice at an early stage can help prevent unnecessary delays and ensure the estate is administered correctly.
How to Avoid Intestacy
The simplest way to avoid uncertainty is to have a valid, up-to-date Will.
A professionally prepared Will allows you to:
- Decide who should inherit your estate.
- Appoint the people you would like to administer your estate.
- Make provision for your family and loved ones.
- Reduce the risk of confusion or disputes after your death.
It is equally important to review your Will after major life events such as marriage, divorce, having children, or significant changes in your financial circumstances. GOV.UK recommends reviewing a Will every five years and after major life changes.
How Phillips Solicitors Can Help
Our Wills & Probate team can provide clear, practical advice on:
- The rules of intestacy.
- Who is entitled to administer an estate.
- Applications for Letters of Administration.
- Estate administration and Probate matters.
- Preparing or updating a Will to avoid future uncertainty.
We aim to guide families through the process in a straightforward and supportive manner at what is often a difficult time.
Contact Us
If a relative has died without a Will, or you are unsure who is entitled to deal with an estate, contact Phillips Solicitors to arrange an appointment with our Wills & Probate team.
Making a Will is the best way to ensure your wishes are followed and to provide certainty for those you leave behind.
You can contact us online or call 01623 658556 (option 4).
Useful links
- GOV.UK – Applying for Probate and Letters of Administration: Official guidance on who can apply to deal with an estate and when Probate or Letters of Administration may be required.
- GOV.UK – Dealing with the Estate of Someone Who Has Died: Guidance for Personal Representatives administering an estate.
- Citizens Advice: Practical information about inheritance, intestacy and dealing with bereavement.
- STEP (Society of Trust and Estate Practitioners): Independent information about Wills, intestacy, estate administration, and inheritance matters.
This article is general information only and is not legal advice on any individual case. The correct advice will depend on the facts, documents, family circumstances, and capacity position.