When a loved one dies, the emotional toll can be overwhelming. Alongside the grief, families are often faced with the daunting task of dealing with their loved one’s estate. This process becomes even more complicated when the person dies without leaving a Will – known legally as dying intestate.
In such cases, the Rules of Intestacy come into play. These rules determine who inherits the estate, regardless of the deceased’s relationships or wishes. For many families, this can result in unexpected or even unfair outcomes.
In this blog, we’ll explain:
- What the Rules of Intestacy are
- What happens when someone dies without a Will
- Who can inherit under an intestacy
- Common problems that can arise
- How Smith & Co Solicitors can help you navigate the process
What are the Rules of Intestacy?
The Rules of Intestacy are a fixed legal framework that determines how an estate is distributed when someone dies without a valid Will. These rules are laid out in the Administration of Estates Act 1925 as amended by the Inheritance and Trustees’ Powers Act 2014 for estates (in England and Wales).
The rules prioritise close family members in a strict order. Unfortunately, this means that some people who were close to the deceased – such as long-term partners, friends or carers and stepchildren – may not inherit anything under the rules.
Who inherits under the Rules of Intestacy?
Here’s a simplified breakdown of how the estate is distributed under intestacy rules in England and Wales:
Married or civil partner (with children)
- The spouse/civil partner gets:
- All personal belongings
- The first £322,000 of the estate
- Half of the remaining estate
- The children get the other half of the remaining estate (shared equally).
Married or civil partner (no children)
- The spouse/civil partner inherits the entire estate.
No spouse or civil partner
- The estate passes in the following order:
- Children (or grandchildren if children are deceased)
- Parents
- Full-blood siblings (or their children if deceased)
- Half-siblings
- Grandparents
- Aunts and uncles being the brothers or sisters of the whole blood of a parent of the intestate (or their children if deceased)
- Aunts and uncles being the brothers or sisters of the half blood of a parent of the intestate (or their children if deceased)
- The Crown (if no relatives can be found)
Important points to note
- Once one category above is satisfied, that class can inherit the estate
- Unmarried partners, no matter how long the relationship, do not automatically inherit.
- Stepchildren are not recognised unless legally adopted.
- Friends, carers, and other close companions are not entitled under the rules.
- If the estate is small and the assets are jointly owned, the surviving joint owner may automatically inherit those, depending on how they were owned (joint tenancy vs tenancy in common).
What to do when a loved one dies without a Will
Dealing with the estate of someone who died intestate can be challenging, especially in the midst of grief. Here are some general steps to take:
1. Register the death
This must be done typically within five days in England and Wales. You’ll receive a death certificate, which is essential for managing the Estate.
2. Locate important documents
Find any financial records, insurance documents, bank statements, and property deeds. Even if there’s no Will, these documents are crucial for understanding the estate’s value and liabilities.
3. Establish who can administer the estate
Usually, the person or people entitled to inherit under intestacy rules applies to be the administrator. This role is similar to an executor (who is named in a Will).
4. Value the estate
You must calculate the total value of assets and debts to determine if Inheritance Tax is due. The tax liability, or part of it, must be paid before you can proceed to the next step.
5. Apply for a Grant of Letters of Administration
This legal document gives you the authority to manage and distribute the estate. You apply through the Probate Registry. No-one has the legal authority to manage the estate of a person who died intestate until the Grant of Letters of Administration is produced. This period of time between death and the Grant can sometimes be referred to as ‘no-man’s land’.
6. Pay debts and distribute the estate
Before distributing any assets, all debts, taxes, estate administration and funeral expenses must be paid.
How Smith & Co Solicitors can help you navigate intestacy
The legal and practical complexities of intestacy can be overwhelming, especially during a time of mourning. Here’s we can make the process easier for you:
1. Clarify who is entitled to inherit
A solicitor can help identify the legal beneficiaries under intestacy rules – especially in complex family situations, such as second marriages, estranged relatives, or unknown heirs.
2. Assist with the probate process
Applying for a Grant of Letters of Administration can be time-consuming and confusing. A solicitor can manage the process on your behalf, ensuring everything is done correctly and efficiently.
3. Avoid family disputes
Disagreements are common in intestacy cases, particularly when people expected to inherit are left out. A solicitor acts as a neutral party, helping to resolve disputes and keep the process fair and legal.
4. Locate and value assets
Solicitors have the experience and tools to trace hidden or forgotten assets (such as old pensions, bank accounts, or overseas property) and ensure the estate is fully accounted for.
5. Ensure compliance with the law
There are strict legal duties for administrators. Failing to follow proper procedures can result in personal liability for mistakes. A solicitor ensures all steps are compliant with current law.
6. Advice on Inheritance Tax and liabilities
Tax can significantly impact what beneficiaries receive. We can advise on whether tax is due, help claim reliefs or exemptions, and ensure that liabilities are paid correctly.
7. Support for vulnerable beneficiaries
If a beneficiary is underage, disabled, or otherwise vulnerable, we can advise about potentially help setting up appropriate trusts or protective arrangements.
Common issues Smith & Co Solicitors can help resolve
- Disputes between family members over entitlement
- Tracing unknown beneficiaries
- Handling estates with foreign assets or property
- Situations involving jointly owned property
- Claims against the estate from dependents not recognised under intestacy rules (e.g., under the Inheritance (Provision for Family and Dependants) Act 1975)
Final thoughts
Dying without a Will creates unnecessary complications for those left behind. The Rules of Intestacy are rigid and often do not reflect the wishes of the deceased. If you’ve lost a loved one who didn’t leave a Will, the best course of action is to seek professional legal advice as soon as possible.
Smith & Co Solicitors can guide you through the process, protect your position, and ensure the estate is managed fairly and efficiently. We can provide clarity at a time when uncertainty and emotion can cloud judgment.
And finally, if you haven’t already made a Will yourself – let this be the nudge to do it. Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are respected.
Need help with intestacy or estate administration?
Get in touch with our expert probate solicitors today for clear, compassionate legal advice and guidance. We’re here to help you take the next step with confidence.
Smith & Co Solicitors is regulated by the Solicitors Regulation Authority (SRA), and have outstanding reviews on Review Solicitors:
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Call 01473 226231 for more information or for an estimate.
