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What Happens If There's No Will?

19 November 2025

In the unfortunate event of someone's passing without a valid will, the situation can become complex.

In legal terms, this is known as dying "intestate," and it means the law will determine how the deceased’s estate is divided. While the rules of intestacy aim to offer a fair distribution of assets, they don't always align with the deceased’s true wishes. This can be especially problematic for unmarried couples or families with stepchildren, as the laws often don’t account for these unique family dynamics.

We understand how important it is to plan ahead and ensure your estate is distributed according to your wishes. In this blog, we’ll explain what happens when someone passes away without a will and why it’s so crucial to have one in place.

Who Administers the Estate?

When there's no will, there is no named executor. This means a family member must apply to the Probate Registry for a Grant of Letters of Administration. This legal document grants them the authority to act as the estate administrator, taking on a role similar to that of an executor.

The administrator is responsible for several tasks, including:

• Collecting and valuing the assets
• Paying off any debts and taxes
• Distributing the remaining estate in line with the intestacy rules

It’s a major responsibility and can become complicated, particularly if the estate includes property, businesses, or multiple beneficiaries.

Applying for a Grant of Letters of Administration

The process of applying for a Grant of Letters of Administration is similar to applying for probate when a will is in place. The general steps include:

1. Check if a grant is needed: Some small or jointly held estates may not require probate.
2. Value the estate: The administrator must calculate the value of the estate, including assets and debts.
3. Report to HMRC: The estate must be reported to HMRC, even if no inheritance tax is due.
4. Apply online or by post: Submit the necessary forms, including the death certificate and estate valuation, along with the required fee (currently £300 for estates over £5,000).
5. Receive the grant: Once approved, the Probate Registry issues the Grant of Letters of Administration.
6. Deal with the estate: The administrator can then proceed with collecting assets, paying debts, and distributing the estate according to the intestacy rules.

This process can take several months, especially if the estate involves complex assets like property or overseas holdings.

How Are Assets Distributed Under Intestacy Rules?

In the absence of a will, the UK’s intestacy rules determine who inherits the estate. These rules prioritise certain family members in a set order, which is typically as follows:

• Spouse or civil partner: If there are no children, the entire estate goes to the surviving spouse or civil partner. If there are children, the spouse will receive a statutory legacy (currently £322,000), all personal possessions, and half of the remaining estate. The other half is shared among the children.
• Children: If there is no surviving spouse or civil partner, the children inherit everything, divided equally.
• Other relatives: If there are no children or spouse/civil partner, the estate is distributed among the next closest relatives, such as parents, siblings, nieces/nephews, and so on.
• No close family? If no relatives can be identified, the estate passes to the Crown through a process called bona vacantia.

Key Considerations

One critical point: unmarried partners have no automatic right to inherit under the rules of intestacy, even if they lived with the deceased for many years. This is a common source of disappointment and conflict, especially when the deceased’s wishes are not honoured. The rules also do not cater for stepchildren, who may have been considered as part of the family but have no legal right to inherit.

Why Making a Will Matters

Dying intestate can result in outcomes that the deceased never intended, potentially excluding loved ones or causing disputes among family members. Having a valid will ensures that your estate is distributed exactly how you want, protecting your loved ones and minimising complications.

Here’s why making a will is so important:

• Control over who inherits your assets – You decide who receives what, whether it’s your spouse, children, or even friends and charities.
• Protection for unmarried partners – If you're not married or in a civil partnership, a will allows you to ensure your partner is provided for.
• Appoint guardians for your children – If you have young children, a will lets you appoint guardians to care for them if something happens to you.
• Simplified probate process – A will makes the probate process smoother and quicker, which helps your loved ones during a difficult time.
• Peace of mind – Knowing that your wishes will be carried out as intended brings comfort to both you and your family.

We recommend speaking to one of our experienced solicitors to ensure your will is clear, legally sound, and reflects your true intentions. Planning ahead is one of the best ways to protect your family’s future and avoid the complications of intestacy.

Get in Touch

If you have any questions or need help drafting a will, our team are here to assist you. Call 01202 527008 or contact us to schedule a consultation.

 

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