What happens when someone dies without a will?
When someone passes away without a Will, they are considered intestate, and their estate is distributed according to intestacy rules.
If no Will is found, the personal representatives of the estate should obtain a family tree as under the rules of intestacy, the beneficiaries of the estate will be determined by a set of rules and who has survived the deceased.
However, the strict order of inheritance may not align with your loved one’s wishes, making it crucial to understand how these rules apply to your situation.
If you are trying to sort out the estate of a loved one who died without a will, our experienced Wills, Trusts and Probate Lawyers can help to guide you through the Intestacy process.
Intestacy Rules: Who Can Inherit?
The rules of intestacy determine how an estate is divided:
Married or Civil Partners
If the deceased died, leaving a surviving spouse or civil partner and no children, then the surviving spouse or civil partner is entitled to the whole net estate.
Unmarried partners or cohabitants have no automatic right to inherit.
Children and Direct Descendants
If the deceased left a surviving spouse or civil partner and children, then if the net estate does not exceed the fixed sum (£322,000 with effect from 26 July 2023, previously £270,000), the surviving spouse or civil partner is entitled to the whole estate.
If the net estate exceeds the fixed sum, the surviving spouse or civil partner is entitled to the personal chattels and the fixed net sum free of inheritance tax.
The surviving spouse or civil partner is also entitled to half of the remainder of the estate whilst the other half is held in statutory trust for the deceased’s children equally when they attain 18.
If there is no surviving spouse or civil partner, children inherit the estate equally.
Other Close Relatives
If there are no children, the estate may pass to parents, siblings, nieces, nephews, or more distant relatives, depending on who has survived the deceased.
The Crown
If no eligible relatives can be identified, the estate passes to the government under 'bona vacantia.' If the intestate died resident within the Duchy of Lancaster or the Duchy of Cornwall, the relevant Duchy is entitled.
Understanding these rules is crucial for families handling intestate estates. In many cases, individuals who expected to inherit may not be entitled under the law, which is why legal guidance is essential.
How we can help
Dealing with an estate where there is no will—known as an Intestate estate—can be time-consuming and challenging, particularly in complex cases.
Our experienced team at Myerson Solicitors provides clear, practical guidance to help you navigate the process and ensure compliance with intestacy laws.
Whether you need assistance with estate administration, identifying rightful beneficiaries, or managing potential risks, we are here to support you every step of the way.
We can assist in situations where:
- A family home needs to be sold to divide assets among beneficiaries.
- Complex family relationships make it difficult to distribute the estate strictly according to intestacy rules.
- A deed of variation is required to redirect the distribution of the estate.
- A claim needs to be made on behalf of individuals not recognised under intestacy law, such as stepchildren or unmarried partners.
- The deceased was separated but not legally divorced, meaning their former spouse may still have a claim on the estate.
Additionally, acting as an estate administrator in an intestacy case can be particularly demanding.
Without a valid will to provide guidance, the administrator must ensure the estate is handled correctly, as they can be held personally liable for any financial losses caused by their conduct.
Our Services include:
- Estate Administration – Assisting personal representatives in distributing the estate in line with intestacy rules.
- Beneficiary Identification – Constructing the family tree to accurately determine who is entitled to inherit.
- Risk Management – Advising on potential claims and protective measures, such as insurance against claims from missing beneficiaries.
Intestacy FAQs
Can I Create A Will On Someone’s Behalf After Their Death ?
No, it is not possible to make a Will on someone’s behalf after they have died. However, the beneficiaries under the intestacy rules can redirect their inheritance using a Deed of Variation.
Can I Get Probate When There Is No Will?
Yes, the person entitled under the relevant rules can apply for the Letter of Administration to deal with the estate.
The order in which family members have a right to apply for a grant to administer the intestate’s estate follows the same order as entitlement to benefit from the estate under the intestacy rules.
Can I Contest How an Estate Has Been Divided Up Under the Rules Of Intestacy?
Yes, there may be grounds to challenge the position under the intestacy rules, e.g. if you are a cohabitee and you feel that you have not been adequately provided for.
Please get in touch with our Probate Litigation Team for assistance with a potential claim against the estate.
Making a Will is a good way to avoid the intestacy rules' unintended consequences.
Can Stepchildren Inherit under Intestacy?
Under the intestacy rules, “issue” refers to the intestate’s direct descendants. Although adopted children and illegitimate children are included, step-children are not included as an issue.
Who Cannot Inherit?
The rules of intestacy do not provide a provision for unmarried partners and step-children.
Therefore, if you would like to make provision for your partner and/or step-children, you must make a Will.
Why Choose Myerson's Wills, Trusts, and Probate Team?
- Recognised Expertise: Myerson’s Private Wealth sector proudly holds a Band 2 ranking in the Chambers and Partners High Net Worth Guide, alongside being consistently recognised as a Top Tier law firm by The Legal 500 for the past seven years. As one of the Top 200 UK law firms, Myerson provides exceptional Wills, Trusts, and Probate legal expertise.
- Qualified Professionals: Our team holds additional qualifications in trust administration and tax regimes for trusts, along with the prestigious STEP (Society of Trust and Estate Practitioners) qualification. We have extensive experience setting up and managing live trusts, ensuring we understand the practicalities of trust operation and drafting.
- Comprehensive Support: We provide tailored advice that respects each client's unique circumstances and understands the emotional weight of estate matters. Our solicitors handle sensitive situations with care, offering support throughout the process.
- Holistic Approach: Our holistic strategy allows us to identify tax-saving opportunities and mitigate unexpected liabilities. We ensure clients comprehend the purpose and functioning of trusts, providing city-quality advice at regional prices.
- Partner-Led Service: Our partner-led approach guarantees the best legal advice and commercially minded support. We collaborate with family and property law teams, delivering a comprehensive service that addresses all aspects of estate management.
- Specialist Expertise: Our highly ranked team in The Legal 500 and Chambers for personal tax, trusts, and probate works closely with our contested wills solicitors to provide expert advice tailored to your needs.
- Recognised Leaders: Bik-ki Wong, Head of our Private Client team, has been recognised as one of the top influential private wealth lawyers in Manchester (2023) by Business Today and as one of the best probate and wills lawyers for high-net-worth individuals in the UK (2023) by Spear's.
- Extensive Network: Through our UK200 Group membership, we have strong connections to Independent Financial Advisers (IFAs) and tax advisers, offering comprehensive support tailored to your specific requirements.
- Catering to Diverse Needs: Our team includes fluent Cantonese speakers, ensuring effective communication and understanding in managing estates.
- With our MSI Global Alliance Membership, we can connect you to trusted advisers in 100+ countries who can provide international legal advice for individuals and families.
- Look at the Myerson Promise for further benefits of working with us here.
Testimonials
Mrs & Mr Wells
Laura Willis was very professional and dedicated a great deal of time to preparing our wills. Overall, we felt we were truly getting our money’s worth.
Mrs & Mr Brighouse
Hannah Owens really understood our requirements. She explained various options, including the use of trusts, and had a deep understanding of the issues & tax legislation. She was very easy to talk to.
Mr. A
I dealt with Hannah Owens and she was extremely helpful and professional. As a result, I would have no hesitation in recommending your firm to my friends if they required legal advice.
Mr. Fox
Ben kept me informed at all times. He dealt with my case in a quick and professional manner.
Mr Staples
Outstanding service from Aalia Ijaz and her team. I would recommend Myerson 100%.
Mr Lee
Ever since appointing Myerson, I have received the best of advice and action on matters of great concern to my family.
Mr Barker
Having dealt with many lawyers over the years, it was refreshing to find Myerson who were professional, prompt, courteous, along with going the extra mile for their clients. Very impressive. Thank you.
Mr Gough
Great staff and all conducted in an informative and constructive way. Nice new office which created the right atmosphere for my visits.
Mr. Frame
Myerson were extremely helpful in liaising with me to submit an application to the Court of Protection. The solicitor was very knowledgeable and efficient in obtaining the required information and processing the paperwork in a timely manner. I am delighted with the standard of the work.
Legal 500, 2024
Approachable, knowledgeable and competent.
Heather
Laura undertook to complete the distribution of my husband's will since my previous solicitor was unable to do it. A difficulty had arisen from the way the Inheritance Tax had been paid and Laura explained that I could solve my problem with a Deed of Assignment. I was happy to let her prepare this for me
Peter
Our business was dealt with by Bik-ki Wong who impressed us with her competency and efficiency, whilst remaining friendly and helpful at all times. Our queries were answered clearly and promptly giving us confidence that our business would be carried out to our complete satisfaction
Anonymous
Myerson have been our solicitors for several years. They have guided my husband and I in arranging making wills, lasting power of attorney and initially, after the death of my husband through the process of probate.
Mr P
Handled our personal wills very professionally. Really clear and “no-nonsense” approach which we really appreciated
Ruth
I contacted Myerson as I was unable to find a solicitor in Ireland to deal with UK probate for my father's estate as there was a possible complication with domicile. Clara Staunton initially, then Hannah Owens were friendly, helpful, efficient, and proactive in dealing with the case, kept us informed all through the process, followed up without prompting from us and indeed prompted us when needed. It was a pleasure to deal with Hannah and Clara, and I would have no hesitation in recommending them.
Mrs. Westwood
Compared to my original solicitors Myerson have been excellent. Hannah Owens has provided clear explanations of the various options available to us, timely responses, and has been upfront about the expected costs.
Legal 500, 2024
They go the extra mile to help their clients.
Peter Brett & Elizabeth Brett
The service that Myerson provided was excellent. All aspects and options regarding my Will were discussed and explained to our understanding. Based on our experience we would not hesitate to recommend your Company to friends and family.
Anonymous
Laura Willis and Bik-ki Wong have been a credit in resolving my issue and ensured the process was both timely and transparent. Thank you!
Susan
I cannot recommend this firm highly enough. During a very difficult time after the death of my husband, we were treated with the utmost sensitivity and compassion. Hannah at Myerson, in particular, supported my family extremely efficiently throughout the whole process of probate. Communication was frequent and nothing was too much trouble.
Legal 500, 2022
Broad spectrum of private client services offered. Larger practice, but not so large as to not offer a personal approach.’
Legal 500, 2022
Professional and personable approach. Efficient and timely in communication with clients.
Anonymous
I was very impressed with the care and attention that was given to me by Clara Staunton. She went through everything with me and everything was completed in a very short time even though she had to get things signed by one of my sons who lives in New Zealand. I would recommend your firm to anyone who needed a good reliable solicitor. Once again, thank you for everything.
Joyce Mann
Clara was very efficient in dealing with my late husband’s Will. Clara was always available to help in any way. Very caring and understanding, that is very important to clients. I must mention your reception team were always happy to help.
Phil
Handled our personal wills very professionally, really clear and “no-nonsense” approach which we really appreciated
Mr. Wallace
Excellent proactive support to myself and my business led by Clara Staunton and Charlotte Peers who were both excellent every step of the way.
Legal 500, 2024
The team at Myersons continue to provide excellent support to this Family Office. They are diligent professionals always on hand with expert advice delivered in a friendly and meaningful way.
Legal 500, 2024
Very experienced and highly skilled team. Very good to work with on those matters where collaborative working required.
Mr. Lee
Everything that you have touched in what has been a difficult time for me has been dealt with promptly and in the knowledge that I am not at my best. I value the care you have shown.
Meet Our Wills, Trusts, and Probate Lawyers
Home-grown or recruited from national, regional or City firms. Our wills, trusts, and probate lawyers are experts in their fields and respected by their peers.
Darren Christopherson-Smith
Darren is a Solicitor in our Wills, Trusts and Probate Team
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
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