What happens if someone dies without a will

What "dying intestate" actually means

If someone dies without a valid will, they have died intestate. That single word matters more than most people realise: it means the law, not the person who died, decides who receives their money, property and possessions. In England and Wales those decisions are made by the intestacy rules, a set of provisions that have been built up over decades and which are still governed principally by the Administration of Estates Act 1925.

Scotland and Northern Ireland have their own intestacy rules, and they are not identical, so the detail below applies to England and Wales. Wherever you are in the UK, the underlying principle is the same — a fixed legal order of priority replaces personal choice, and it can produce outcomes that would have surprised the deceased and sometimes upset the family.

Who inherits when there is a surviving spouse or civil partner

A spouse or civil partner is first in line, but "first" does not always mean "everything".

• No children, grandchildren or other descendants: the spouse or civil partner inherits the whole estate.
• Children or other descendants survive: the spouse or civil partner receives the personal chattels (furniture, jewellery, cars, household goods), a statutory legacy of £322,000, and half of whatever remains. The other half is held on trust for the children, who receive it at 18.

That figure is reviewed periodically, so it is always worth checking the current amount before you do any calculations. Where the estate is worth less than the statutory legacy, the spouse or civil partner effectively takes it all and the children may receive nothing.

It is also worth being clear that an unmarried partner, however long the relationship has lasted, is not a spouse. Cohabiting partners inherit nothing under the intestacy rules.

Who inherits when there is no surviving spouse

The order of entitlement then moves through blood relatives and, broadly, works like this:

• Children inherit equally. If a child has already died, their own children take that child's share.
• Parents inherit equally if there are no descendants.
• Brothers and sisters of the whole blood inherit equally, again with their children taking a deceased sibling's share.
• Half-brothers and half-sisters come next.
• Grandparents, then uncles and aunts of the whole blood, then of the half blood, follow.
• If no relative can be traced, the estate passes to the Crown as bona vacantia.

Assets held jointly and passing by survivorship, and pensions or life policies with a named beneficiary, sit outside the estate and are dealt with separately. That is often why an estate proves smaller than the family expected.

The people the intestacy rules leave out

This is where the rules most often cause distress. The following people have no automatic right to inherit under intestacy:

• Cohabiting partners, no matter how long the relationship lasted.
• Stepchildren, unless they were legally adopted.
• Friends, carers and charities named in an earlier, revoked or invalid will.
• Relatives by marriage, such as a daughter-in-law or a partner's children.

If the estate is left in a way that leaves someone without reasonable provision, certain dependants and spouses can apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975. These claims are time-limited and fact-specific, so advice should be taken early.

Grants of representation: who is allowed to deal with the estate

Nobody can lawfully collect in the assets, pay debts or distribute to beneficiaries without authority from the Probate Registry. That authority is called a grant of representation.

• Where there is a will: the executors named in it apply for a grant of probate.
• Where there is no will: someone entitled under the intestacy rules applies for a grant of letters of administration. The priority order follows the inheritance order — spouse or civil partner first, then children, then parents, and so on.

Being an administrator is a serious role. You are personally accountable for getting the tax right, paying the correct people and keeping proper accounts. A grant can also be taken out for limited purposes, or by a creditor, if those entitled decline to act. Banks and other institutions will usually freeze accounts until they see the grant, though many will release small balances or pay funeral costs on receipt of the death certificate.

What you can do now

If someone has died intestate, the practical steps are straightforward, if rarely quick. Establish whether a will exists — check with their solicitor, bank, or the firm that holds their papers, and search the records held by the Probate Registry. Do not distribute anything before a grant is issued, even if the family is agreed on who should receive what.

Where the outcome is not what the family would have chosen, a deed of variation can sometimes redirect an inheritance, provided all affected beneficiaries agree and it is completed within two years of the death. It can also have inheritance tax advantages.

And if you have not made a will yourself, this is the moment to do something about it. A simple, properly signed and witnessed will costs very little and removes every one of the uncertainties described above. It is one of the kindest things you can leave behind.