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What Happens If Someone Dies Without a Will?

When someone dies without a will it makes a difficult time feel even more uncertain. Of course, you may already be grieving. And with no will in place, you must also work out who should deal with the estate and who can inherit.

The immediate problem is what the deceased wants in terms of burial or cremation and the arrangements that need to be made

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Unfortunately, this is more common than many people realise. Research from the Money and Pensions Service found that over 50% of UK adults don’t have a will. This means, if your loved one dies without one, their estate will be dealt with under the intestacy rules rather than according to their wishes.

To help make the process clearer, we’ll explain what intestacy means. Then we’ll cover who can deal with the estate, and how inheritance is usually divided when there is no valid will.

What does intestacy mean?

Intestacy is the legal term used when someone dies without a valid will. In short, it means there are no legal instructions setting out who should deal with their estate. Likewise, there are no wishes for who should receive money, property and possessions. In such cases, the estate is dealt with under the intestacy rules.

The main downside of intestacy is that it may not reflect what the person would have wanted. It may also create disputes. For example, an unmarried partner does not automatically inherit under the intestacy rules, even if they lived with the person for many years.

This is one of the reasons why writing a will according to your wishes can be so beneficial – protecting both you and your loved ones.

Who administers an estate if there is no will?

If somebody dies without a will, this means there are no named executors. Instead, someone needs to apply to become the administrator of the estate. This authority is called a Grant of Letters of Administration.

This is usually the closest living relative. In many cases, it’s the deceased person’s husband, wife or civil partner. If there is no spouse or civil partner, an adult child or other relatives may be able to apply.

Whoever becomes the administrator is responsible for valuing the estate, applying for legal authority, paying debts and handling inheritance tax. Following these, they can distribute the estate according to the intestacy rules.

How is inheritance divided if there is no will?

When somebody dies without a will, intestacy rules decide who can inherit what from the estate. The order of estate distribution is set out in the Administration of Estates Act 1925. This law prioritises the following relations in order.

A husband, wife or civil partner

If the person was married or in a civil partnership and had no children, their spouse or civil partner will usually inherit the whole estate. This applies if they were separated but still married. However, it does not apply if they were divorced or the civil partnership had legally ended.

A husband, wife or civil partner and children

If the estate is worth below a certain value (currently £322,000), then the spouse inherits everything. If there is a spouse or civil partner and children, and the estate is worth more than £322,000, it is divided between them as follows:

  1. The spouse or civil partner will usually receive personal property and possessions, the initial £322,000, and half of any remaining estate.
  2. The children receive the other half of the remaining estate, divided between the total number of them (including all biological and adopted children whether their parents are married or not). If a child is under 18 years old, their inheritance is held in a trust.

No spouse or civil partner

If there is no surviving spouse or civil partner, children inherit everything divided equally between them.

No spouse or civil partner or children

If there are no children, the estate may pass to parents, siblings or other relatives (such as grandchildren) in a set order.

No living relatives

If somebody dies with no living relatives in the UK, this is known as “bona vacantia”, or vacant goods. In this case, the estate passes to the Crown and the Treasury Solicitor takes responsibility and manages any claims.

Is it possible to change who inherits what under intestacy?

It may be possible to change the order and amounts of inheritance under the rules of intestacy. This is only usually possible if all beneficiaries over the age of 18 agree. This must be done within a specific timeframe (currently two years from death).

In all cases, seeking probate advice can help make the process go as smoothly as possible.

Do children automatically inherit if there is no will?

Ultimately, how the estate is divided depends on the unique family situation. As we’ve seen, children may inherit, but it depends on the total value of the estate and if there is a spouse or civil partner.

The intestacy rules can be complex. There may be disputes among interested parties. Factors such as jointly owned property or large numbers of relatives can further complicate matters.

What problems can dying without a will cause?

Dying without a will can cause practical and emotional difficulties for those who stand to inherit (or not). Some of the more common problems include:

  • Uncertainty over who should deal with the estate
  • Unmarried partners being left out
  • Stepchildren not inheriting
  • Family disagreements and inheritance disputes.

For this reason, we would always advise having a will in place to avoid such problems in the future.

Do I need a solicitor when someone dies without a will?

You don’t always need a solicitor when someone dies without a will. If the estate is small and your family situation is straightforward, you may be able to deal with the process easily enough.

However, if you are finding intestacy confusing, or are dealing with a more complex situation, you may benefit from legal advice. Speaking to a wills, trusts and probate solicitor can help remove confusion and deal with the estate correctly.

Why choose Vincents wills, trusts and probate solicitors?

Dealing with intestacy can be difficult. You may not know where to start, who has authority or what the law says.

At Vincents Solicitors, our wills, trusts and probate solicitors are here to help you understand your position and what needs to happen next. We can advise on intestacy, Letters of Administration, estate administration, inheritance tax and disputes between family members. Contact us today for more information.