What Happens if You Die Without a Will?

Where there is a will, the executors named in it have authority to administer the estate, usually applying for a grant of probate. Where there is no will, there are no executors, so a family member must apply to be appointed as an 'administrator' instead. The right to apply follows a set order, generally starting with a spouse or civil partner, then children, then other relatives.

The administrator then applies for a document called letters of administration, which serves the same practical purpose as a grant of probate. This process can take longer than expected, particularly if there is disagreement within the family about who should apply, or if relatives cannot be traced.

The distribution of the estate follows the intestacy rules in a fixed order, starting with a spouse or civil partner and children, and moving down through parents, siblings and more distant relatives if none of those survive. The exact shares depend on which relatives are still living at the date of death.

This structure means that a long-term partner who was never married, and stepchildren who were never legally adopted, receive nothing under the intestacy rules, however close the relationship was in practice. Anyone in that position may need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is a separate, often costly and uncertain legal process.

If a person dies intestate with no surviving spouse, civil partner or blood relatives who fall within the intestacy rules, the estate passes to the Crown as 'bona vacantia', meaning ownerless property. Estates can sometimes be claimed by more distant relatives during this process, but it is far from guaranteed.

This outcome is avoidable. A will lets you choose exactly who should benefit, including friends, unmarried partners, charities or organisations that mean something to you, none of whom have any automatic claim under intestacy.

Dying without a will also means you have not named guardians for any minor children, which can leave decisions about their care to be resolved by the family or, in a dispute, by a court. It means you have no say over who administers your estate, and no ability to leave specific gifts of money, property or personal items to particular people.

Writing a will with a service such as My Posh Will allows you to set out these wishes clearly and have them properly witnessed, avoiding the delay, expense and uncertainty that intestacy can bring for the people you leave behind.

Consider someone who dies without a will, survived by a spouse and two adult children, with an estate worth a modest amount above the statutory legacy threshold. The spouse receives the personal possessions, the fixed statutory sum, and half of what remains, with the other half split equally between the two children. If the same person had instead wanted their spouse to inherit everything outright, perhaps because the children are financially secure and the spouse needs the whole estate to live on, intestacy would not deliver that outcome, and only a will could have done so.

Now consider someone with no spouse, no children, and a long-term partner they never married. Under intestacy, that partner receives nothing at all, however many years they lived together, and the estate would instead pass to the deceased's parents, siblings, or more distant relatives, possibly people the deceased barely knew.

If you are dealing with an estate where no will can be found, the first step is to establish who has priority to apply for letters of administration, generally starting with a spouse or civil partner, then children, then other relatives in a set order. It is worth searching thoroughly for a will before assuming there is none, including checking with any solicitors the deceased used, will storage services, and the national probate registry's will search facilities.

Once satisfied there is no valid will, the administrator will need to value the estate, settle any debts and inheritance tax due, and then distribute what remains strictly according to the intestacy rules, regardless of any informal wishes the deceased may have expressed verbally. It is sensible to take advice early if the family situation is anything other than straightforward, since mistakes in administering an intestate estate can be difficult and costly to unwind later.