What Happens If There Is No Will?
When someone dies without leaving a will, they’re said to have died “intestate.” This can create uncertainty and complications for the family left behind, as the law - rather than the person’s wishes - will determine what happens to their estate.
Understanding what happens if there is no will can help you navigate this situation, or encourage you to make a will of your own to avoid these issues for your loved ones.
This guide explains the rules of intestacy in the UK, who inherits when there’s no will, and what steps you need to take.
What Is Intestacy?
Intestacy occurs when someone dies without a valid will. In this situation, the distribution of their estate (their money, property, and possessions) is governed by the rules of intestacy.
These are legal rules set out in UK law that determine who inherits and in what order. The rules vary slightly between England and Wales, Scotland, and Northern Ireland, but the general principles are similar.
For more on probate and estate administration, visit our guide that explains what probate is and why you need it.
Who Inherits When There’s No Will?
The rules of intestacy follow a strict hierarchy based on family relationships. Here’s who inherits in England and Wales:
If the Deceased Was Married or in a Civil Partnership
If the deceased was married or in a civil partnership and had no children, their spouse or civil partner inherits the entire estate.
If the deceased was married or in a civil partnership and had children, the estate is divided as follows:
- The spouse or civil partner inherits:
- Personal possessions.
- The first £322,000 of the estate.
- Half of the remaining estate.
- The children inherit:
- The other half of the remaining estate, divided equally between them.
If the Deceased Was Not Married and Had Children
If the deceased was not married or in a civil partnership, their children inherit the entire estate, divided equally between them.
If a child has died before the deceased, their share goes to their own children (the deceased’s grandchildren).
If the Deceased Had No Spouse or Children
If the deceased had no spouse, civil partner, or children, the estate is distributed to other relatives in this order:
- Parents.
- Siblings (or their children if the sibling has died).
- Half-siblings (or their children if the half-sibling has died).
- Grandparents.
- Aunts and uncles (or their children if the aunt or uncle has died).
- Half-aunts and half-uncles (or their children).
If There Are No Living Relatives
If the deceased has no living relatives at all, their estate goes to the Crown (in England and Wales) or to the Crown Estate (in Scotland). This is known as “bona vacantia.”
You can find more information on the GOV.UK intestacy rules page.
What About Unmarried Partners?
One of the most important things to understand about intestacy is that unmarried partners (including long-term partners and cohabitants) have no automatic right to inherit.
Even if you’ve lived with your partner for many years, if you’re not married or in a civil partnership, you won’t inherit anything under the rules of intestacy.
This is why making a will is so important if you want to provide for an unmarried partner.
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What About Stepchildren?
Stepchildren also have no automatic right to inherit under the rules of intestacy, unless they’ve been legally adopted by the deceased.
If you want to provide for stepchildren, you must make a will.
What Happens to Joint Property?
If the deceased owned property jointly with someone else, the rules depend on how the property was owned:
Joint Tenants
If the property was owned as “joint tenants,” it automatically passes to the surviving owner, regardless of the rules of intestacy or what a will says.
This is common for married couples who own their home together.
Tenants in Common
If the property was owned as “tenants in common,” the deceased’s share of the property forms part of their estate and is distributed according to the rules of intestacy (or their will, if they had one).
For more on death certificates and estate administration, visit our guide that explains what a death certificate is and why you need it.
Who Administers the Estate If There’s No Will?
If there’s no will, someone needs to apply to become the “administrator” of the estate. This is similar to being the executor of a will.
The administrator is usually the deceased’s closest living relative, such as:
- Spouse or civil partner.
- Children.
- Parents.
- Siblings.
The administrator must apply for “letters of administration” (the equivalent of probate when there’s no will) before they can access the deceased’s assets and distribute them.
For more on probate, visit our guide on what probate is and when it is needed.
What Are the Challenges of Dying Without a Will?
Dying intestate can create several problems:
Your Wishes May Not Be Followed
The law decides who inherits, which may not align with what the deceased would have wanted. For example:
- An unmarried partner may inherit nothing.
- Stepchildren may be excluded.
- Charities or friends won’t receive anything.
Family Disputes
Intestacy can lead to disagreements among family members, especially if people feel they’ve been unfairly excluded or if the distribution doesn’t reflect the deceased’s wishes.
Delays and Complications
Administering an intestate estate can be more complicated and time-consuming than dealing with a will. This can delay the distribution of assets and add stress for the family.
Higher Costs
Legal and administrative costs may be higher for intestate estates, particularly if disputes arise or if the estate is complex.
Tax Implications
Without a will, you can’t take advantage of tax planning strategies that could reduce the inheritance tax burden on your estate.
How to Avoid Intestacy
The best way to avoid the complications of intestacy is to make a will. A will allows you to:
- Choose who inherits your estate.
- Provide for unmarried partners, stepchildren, friends, or charities.
- Appoint guardians for young children.
- Reduce inheritance tax.
- Make your wishes clear and legally binding.
Making a will is straightforward and can be done with the help of a solicitor, will-writing service, or even online.
For more on planning ahead, visit our guide on planning a funeral in advance.
What If You’re Affected by Intestacy?
If someone close to you has died without a will, here’s what you need to do:
Register the Death
You’ll need to register the death and obtain death certificates before you can apply for letters of administration.
For more on this, read our article about how to register a death in the UK.
Identify the Estate
Work out what the deceased owned (property, savings, investments, personal possessions) and what debts they owed.
Apply for Letters of Administration
The closest living relative can apply for letters of administration through the probate registry. You’ll need to provide the death certificate and details of the estate.
Pay Debts and Distribute the Estate
Once letters of administration are granted, you can access the deceased’s assets, pay any debts, and distribute the estate according to the rules of intestacy.
Final Thoughts
Dying without a will can create complications, delays, and stress for the people you leave behind. The rules of intestacy may not reflect your wishes, and loved ones who aren’t legally recognised – like unmarried partners or stepchildren – may be left with nothing.
Making a will is one of the most important things you can do to protect your family and ensure your wishes are respected. It’s never too early to put a will in place.
For more information on what to do when someone dies and managing their affairs, visit our guide on what to do when someone dies and our article about what probate is and when it is needed.