In England or Wales, if someone dies without leaving a will, they are said to have died ‘intestate’ and their estate is distributed in accordance with a particular set of legal rules called the Intestacy Rules.
What Is an Estate?
A person’s estate is typically made up of everything they own at the time of their death – this includes money, property, and personal possessions. These assets are what get distributed, either in accordance with a valid will or, if someone dies without a will, under the Intestacy Rules.
Who Inherits When Someone Dies Without a Will?
The Intestacy Rules provide an order of priority for who inherits an estate when there’s no will. This order of priority is set out in Section 46 of the Administration of Estates Act 1925 but in summary, the order is as follows:
- A surviving spouse or civil partner
- The children of the deceased (including legally adopted children, but not unadopted stepchildren)
- Parents of the deceased
- Siblings of the deceased (or their children, if the sibling died before the deceased)
- Half-siblings of the deceased
- Grandparents of the deceased
- Aunts and uncles of the deceased (or their children, if pre-deceased).
What About Unmarried Partners?
It is important to note that a surviving partner will not inherit under the Intestacy Rules unless they were legally married or in a civil partnership with the deceased, regardless of the duration of their relationship.
Where there is both a surviving spouse/civil partner and children of the deceased, the spouse/civil partner is entitled to all the deceased’s personal possessions (but not money) and a statutory legacy of (currently) the first £322,000.00 of the estate. The remainder of the estate will be split as 50% to the surviving spouse/civil partner and 50% to be shared equally among the surviving children.
What Happens If No Relatives Can Be Found?
In rare cases where it is not possible to identify any living relatives of the deceased, the deceased’s estate will pass to the Crown under a principle called bona vacantia (literally, “ownerless goods”).
Who Can Deal with the Estate?
The Non-Contentious Probate Rules 1987 outline who has the right to apply to handle the estate, typically known as the administrator. This usually begins with the surviving spouse, followed by the deceased’s children.
When someone dies without a will, there is no named executor, so the administrator will be required to apply to the probate registry for a grant of letters of administration. This is the equivalent of a grant of probate when a will exists.
The grant of letters of administration will give the administrator the legal authority to start dealing with and administering the estate.
What If There’s a Dispute?
If someone disagrees with the proposed distribution of an estate, and all of the other beneficiaries are in agreement, it may be possible to agree to vary the distribution using a deed of variation.
If someone believes that they have not received a reasonable financial provision from the deceased’s estate, they may be eligible to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975.
Because inheritance disputes can become complex very quickly, it’s strongly recommended to seek professional legal advice as early as possible.
How We Can Help
At Talbots, our specialist Contentious Trusts and Probate Team is here to support you. Whether you’re dealing with a loved one’s estate or facing a potential dispute, we can provide expert advice tailored to your circumstances.
Get in touch with the team.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional.