Dying Without a Will
What Happens If Someone Dies Intestate?
When someone dies without leaving a valid will, they are said to have died intestate.Instead of their estate being distributed according to their wishes, it will usually be distributed according to the rules of intestacy.
For families, this can create uncertainty, delays and, in some cases, outcomes that the deceased may never have intended.
Understanding how intestacy works can help relatives know what to expect and whether legal advice is needed.
What Does Intestate Mean?
A person dies intestate when:
- No valid will exists.
- A will cannot be found.
- The existing will is legally invalid.
- The will has been revoked without being replaced.
In these situations, the estate is normally distributed according to the statutory intestacy rules rather than personal wishes.
Who Can Inherit?
The rules determine who may inherit.
Depending on the circumstances, this may include:
- Husband or wife
- Civil partner
- Children
- Grandchildren
- Parents
- Brothers and sisters
- More distant relatives
Exactly who inherits depends on the deceased’s family circumstances.
Who Cannot Automatically Inherit?
Many people are surprised to learn that certain individuals do not automatically inherit under intestacy rules.
These can include:
- Unmarried partners
- Stepchildren
- Close friends
- Charities
- Carers
Unless another legal claim is available, these individuals may receive nothing.
Who Administers the Estate?
Where there is no will, there is no executor.
Instead, an eligible person usually applies to become the administrator of the estate.
The administrator performs many of the same duties as an executor, including:
- Applying for Letters of Administration.
- Collecting assets.
- Paying debts.
- Dealing with tax.
- Distributing the estate.
Can Someone Challenge Intestacy?
In certain circumstances, individuals who do not inherit automatically may still have legal rights to make claims against the estate.
Professional legal advice is recommended where:
- A long-term partner has been left without provision.
- Someone depended financially on the deceased.
- Family relationships are complex.
- There is disagreement about entitlement.
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Not always. The outcome depends on the deceased’s family circumstances and the intestacy rules that apply.
Children may inherit depending on the circumstances and the statutory rules.
Not automatically under the rules of intestacy, although legal claims may sometimes be available.
Related Resources
- Rules of Intestacy
- Letters of Administration
- Probate
- Estate Administration
- Executor Duties
- Contest a Will