Understanding Intestacy in England and Wales
When someone dies without leaving a will, they are considered to have died intestate. In this situation, their estate is divided according to the rules of intestacy. These laws dictate who inherits and in what order of priority, often leading to results that don’t reflect personal wishes or modern family circumstances.
Under intestacy rules in the UK, inheritance typically passes to a spouse or civil partner, followed by children or grandchildren, and then other close relatives. Unmarried partners and stepchildren do not automatically inherit, which can create disputes and financial hardship.
If no eligible relatives can inherit, the estate may pass to the Crown. Understanding the intestate meaning and its consequences is essential to ensure your family members are provided for.
At Vault Private Client, we provide clear inheritance advice to help families deal with intestacy, explaining how the estate should be distributed, who is entitled to apply for probate, and the options available if disputes arise.
Who Inherits Under the Rules of Intestacy?
The laws of intestacy set out a strict hierarchy for inheritance. If the person who died was married or in a civil partnership, the surviving spouse or civil partner will usually inherit the majority, but this depends on the size of the estate and whether children are involved.
Key outcomes under intestate rules include:
- Spouse or civil partner inherits first – If there are no children, they may inherit the entire estate.
- Children or grandchildren – If children are alive, they may inherit part of the estate alongside the surviving spouse.
- Other relatives – If there is no spouse or children, the estate passes to parents, siblings, nieces/nephews, or more distant family members.
- No heirs – If there are no qualifying relatives, the estate reverts to the Crown.
This order of inheritance may leave out family members who played a key role in the deceased’s life, including unmarried partners. In such cases, beneficiaries may need to seek legal support under the Inheritance Act 1975 to secure fair provision.
Administering an Intestate Estate
If someone dies without a will, a personal representative must be appointed to administer the estate. Instead of a grant of probate, the court issues letters of administration. The person who applies – usually a surviving spouse, child, or other relative – becomes the administrator of the estate.
The process involves:
- Applying for a letter of administration without will UK.
- Collecting and valuing the deceased’s assets, including bank accounts, property, and possessions.
- Paying any debts, inheritance tax, and other liabilities.
- Dealing with the estate fairly in line with intestacy laws.
- Distributing the remaining estate to the entitled beneficiaries in equal shares.
Our solicitors provide expert guidance at every stage, ensuring the estate is managed efficiently and disputes are avoided where possible.
FREQUENTLY ASKED QUESTIONS.
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1. What does intestate mean?The term intestate means dying without leaving a valid will. The estate is then distributed according to the rules of intestacy UK, which may not reflect the deceased’s wishes.
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2. What happens if someone dies without a will?If a person dies without a will, their estate is divided according to the intestacy rules. The order of priority starts with a spouse or civil partner, followed by children or grandchildren, then other relatives.
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3. Who is your next of kin legally in the UK?Next of kin under intestacy laws generally refers to the surviving spouse or civil partner, followed by children. Unmarried partners do not automatically qualify under the law.
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4. When don’t you need probate for intestacy?Probate may not be required if the estate is small, if assets are jointly owned and automatically pass to the surviving spouse or civil partner, or if assets are held in certain trust arrangements.
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5. Can intestacy be challenged?Yes, challenges can be brought if the distribution under intestacy leaves dependants without reasonable financial provision. Claims are usually made under the Inheritance (Provision for Family and Dependants) Act 1975 and must be brought within strict time limits.
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6. What is a letter of administration without a will?This is a legal document issued by the court authorising someone (the administrator of the estate) to manage and distribute the estate when there is no will.
THE BEST IN THE BUSINESS.
Our Private Client team are specialists in intestacy rules and estate disputes. We provide practical legal advice to help families inherit fairly, manage complex estates, and resolve disagreements.
Russell Kaminski
Partner and Head of Private Client
Lucy Cresswell
Associate
Alison Rocca
Partner
Jason Stanley
Partner
Holly Greensmith
Solicitor
Matt Fleetwood
Group Chief Executive & Founder
Mark Dawson
Group Managing Director
Amanda McAlister
Head of Group Consumer Brands
Because we are here to help you.
If you are dealing with a dying intestate situation, our solicitors are here to guide you.
Whether you need help applying for letters of administration, resolving disputes, or securing fair financial provision, Vault Private Client can help protect your family’s future.
“Russell is a top-quality and professional lawyer, and it is a pleasure to work with him.”
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