What Happens If You Die Without a Will?

Intestacy is where a person dies, and their property or assets (in whole or in part) have not been disposed of by a valid Will.

Examples of how intestacies can arise include: the Deceased did not make a Will; the Will was invalid; or there was previously a valid Will, but it was subsequently revoked.

Before the rules of intestacy are applied, a thorough search should be made to ascertain whether the Deceased had a valid Will.

You can check at their home, make enquiries with the Deceased’s bank and contact local solicitors and Will drafters in the Deceased’s area to see if they hold a Will.

You can also try using a Will search service like The National Will Register to see if a Will has been registered.

If no Will is found, the estate must be distributed according to the rules of intestacy in the jurisdiction in which they were domiciled.

These rules establish a hierarchy of eligible beneficiaries based on their relationship to the deceased and are designed to ensure the estate passes to close family members.

If no Will is found or any of the aforementioned situations apply, the following is a brief summary of how the rules of intestacy apply in England and Wales from 26 July 2023:

1. Surviving Spouse or Civil Partner

If the deceased was married or in a civil partnership with no children,

The spouse or civil partner will inherit everything.

If the deceased was married or in a civil partnership and had children

The estate will be divided between the partner and the children.

The spouse would receive all the personal property and possessions belonging to the deceased, the first £322,000 of the estate and half of the remaining estate. The children will inherit the other half of the remaining estate in equal shares when they attain 18.

2. Children

If there is no surviving spouse or civil partner

The estate is divided equally among the deceased’s children, including adopted and illegitimate, when they attain 18.

3. Other Relatives

If the deceased had no spouse, civil partner or children, the estate may pass to other relatives in the following order:

If the deceased had no spouse, civil partner or children, the estate may pass to other relatives in the following order:

1. 1. Parents. If the Deceased had no spouse, children or surviving parents at the date of death, then it will pass to;
   2. Full Siblings (or their children if they are deceased). If the deceased had no spouse, children, surviving parents or siblings at the date of death, it will pass to;
   3. Half-siblings (or their children). If the deceased had no spouse, children, surviving parents, siblings or half-siblings, it will pass to;
   4. Grandparents. If the deceased had no spouse, children, surviving parents, siblings (or their issue), or grandparents, it will pass to;
   5. Aunts and Uncles (or their children).

If there are no surviving family members, the deceased’s Estate will pass to the Crown.

💡 Important: Unmarried, long-term partners or cohabitees have no automatic right to inherit under the intestacy rules, regardless of the relationship's length or significance.💡

Delays in Estate Administration

As there is no valid Will, appointing an administrator to deal with the estate may take longer.

This may delay the distribution of assets. It is also more likely that disputes will arise within families over inheritance, complicating matters further.

This often happens when the parents of the minor child of the deceased are no longer together.

Deceased’s Wishes May Not Be Reflected

As mentioned, intestacy rules follow a strict legal hierarchy, which may not necessarily align with the deceased’s wishes.

Unmarried partners, cohabiting partners and long-term partners who are not legally married or in a civil partnership receive nothing under the intestacy rules.

Most parents would view a child inheriting at the age of 18 as too young.

Financial Burden

The surviving families of the deceased may face unexpected financial responsibilities.

If no provisions were made, this can possibly leave dependents of the deceased in a financially vulnerable situation.

Sometimes a property will be in the deceased’s sole name and as a result will have to be sold, as the family cannot afford to keep the property running or adult children beneficiaries may want their share of their inheritance.

Further Problems

If no relatives can inherit under the intestacy rules, the estate passes to the Crown, which eliminates any possibility of the estate passing to friends, unmarried partners, charities, etc.

As can be seen from the above order of priority, the intestacy rules are somewhat outdated in that they fail to acknowledge unmarried or long-term partners (sometimes referred to as cohabitees) and stepchildren. If you fall within these groups, you will not inherit under the intestacy rules, regardless of how strong your relationship was with the Deceased.

What Can You Do If You Have Been Left Out?

There are a few options to consider:

• The quickest and cheapest way to resolve matters is often to contact the beneficiaries of the estate and ask whether they will agree to you receiving a share. If all parties agree, the arrangement can be formalised in a Deed of Variation.

• If the parties cannot agree, an alternative approach would be to consider bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

This is a claim where you seek provision from the estate due to the intestacy rules not making reasonable financial provision for you.

Reasonable financial provision means what is required for a claimant’s maintenance, commonly referred to as a “maintenance need.” This generally means what is necessary for a person to meet their daily living costs and is decided on a case-by-case basis.

It is important to note that the Inheritance Act is not a means to achieve an equal distribution of the estate.

In order to have a successful claim, you will need to prove your case by showing that you have a maintenance need.

Claims under the Inheritance Act are very fact-specific and can be highly contentious.

It is therefore advisable to take legal advice quickly to see whether you are eligible to bring a claim and to ensure your interests are protected.

This is particularly important, as the deadline for bringing a claim is 6 months from the date of the Grant of Representation

By planning proactively, you can protect your loved ones, minimise delays, and ensure your legacy reflects your intentions. Our top five tips are:

1. Be aware of your circumstances - What assets and liabilities do you have? Do you have to provide for financial dependents?  Do you need to consider putting insurance in place?
2. Create a Valid Will - clearly state your wishes and intentions regarding how your assets will be distributed and who should deal with the administration.
3. Appoint Guardians in your Will – to protect minor children and ensure that their future care aligns with your wishes.
4. Keep your Will updated – review this regularly to ensure it still does what you intend. We recommend updating your Will to reflect major life changes, for example, marriage, divorce, children or the acquisition of new assets. The law itself also changes, and inheritance tax may be a concern.
5. Seek Professional Advice – our specialist Wills and estate planning team at Myerson can assist with any complex estate planning and help to minimise tax obligations. Our team consists of fully qualified solicitors who have also undertaken additional internationally recognised qualifications with the Society of Trusts and Estate Practitioners (STEP).