Introduction
When someone close to you dies it’s a really challenging time. As well as dealing with grief, there’s a lot of paperwork and admin. It can be even more confusing:
If there isn’t a will
If you think there is a will, but can’t find it
if you’re not sure whether there’s a will or not.
This article will help you understand what happens when someone dies without a will in the UK, who might inherit in these cases, and what you need to do next.
What happens if someone dies without a will
A will is a legal document that sets out what should happen to someone’s money, property, and belongings (called their “estate”) after they die. When a person dies without having written a will it’s called dying intestate. If there isn’t a will the law decides who inherits everything.
In the UK there are strict rules, known as the rules of intestacy, that need to be followed. These rules don’t consider things like how close you were to the person who died, or what they would have wanted.
Checking if there is a will – where to look?
Sometimes you might not be sure whether the person who died wrote a will. Or you might think they wrote a will but can’t find it. Before assuming someone died intestate, it can be worth double checking if you can find a will. Here are some common places where a will might be stored.
In the person’s home: look for a folder or envelope marked “Will” or “Last Will and Testament” or amongst any other important personal papers.
With a solicitor: if the person used a solicitor or a law firm, contact them to ask if they stored a will.
At the bank: some people store legal documents in a safe deposit box.
With family or friends: ask any close friends or family if the person told them anything about a will or where it’s kept.
Will registers and searches: Wills can be registered on the National Will Register (although this is a voluntary scheme so won’t include every will. Some providers can run local searches with solicitors and will writers near where the person lived. Trustestate can help you explore both options and support you in running a will search.
Is probate needed if someone didn’t leave a will?
Probate is the legal process of getting permission to deal with the estate of someone who died, and sharing out any inheritance. Whether or not you need to go through probate depends on what the person who died owned. It does not depend on whether they had a will – the process is slightly different, but involves similar steps.
If there is a will, it should name one or more executors who are given the job of sorting everything out. Getting probate involves applying for a Grant of Probate.
If there is no will, getting probate involves applying for something called Letters of Administration. Letters of Administration will name an administrator (similar to an executor) who has the authority to sort out the estate.
Not just anyone can apply for Letters of Administration, it is usually the next of kin or closest living relative.
Read more about the process of getting Letters of Administration.
Is probate always needed if there isn’t a will?
There are a few cases where you might not need to go through probate. In the following cases you might not need to apply for Letters of Administration.
The person who died didn’t have much in money or savings. You might not need probate if they had under £5,000-£10,000 in the bank, but different banks have different thresholds so you’ll need to check.
Everything they owned was jointly owned. You might not need to go through probate if, for example, their house and bank account was shared with a husband, wife or civil partner.
If you’re not sure if you need probate, contact any banks or institutions the person used, to find out what they need from you before releasing any money. If the person owned property, contact the Land Registry to find out how their property was owned (you won’t need probate if they owned their property as joint tenants).
What are the rules of intestacy?
The rules of intestacy are a set of laws that decide who inherits the estate if there isn’t a will. They are very strict and follow a clear order. Only certain family members can inherit.
Partners who were not married or in a civil partnership are not entitled to inherit – even if they lived with the person who died and/or they had children together.
Stepchildren and foster children do not automatically inherit. Legally adopted children have the same status as biological children.
Who will inherit if there wasn’t a will?
There’s a priority list which is used to decide who inherits under intestacy rules in England and Wales.
Married or civil partner – they inherit most (or all) of the estate, depending on whether the person who died also had children.
Children – if there is no surviving spouse or partner, the children inherit everything, shared equally. If there is a husband, wife or civil partner, they will get the first £322,000 and half of the rest. The other half is split between any children.
Parents.
Siblings.
Other relatives such grandparents, aunts and uncles.
If there are no living relatives at all, the estate goes to the government (or in some parts of England, to Royal Estates).
Note some of the intestacy rules changed in July 2023, so if the person died on or before 26 July 2023 slightly different rules and limits apply.
Intestacy flow chat: Who inherits when there’s no will
What happens if people disagree about who should inherit?
Disputes between friends and family members can happen after someone dies without a will. Sometimes people may disagree about who should apply for probate. GOV.UK has an online checker to help find the most ‘entitled’ person.
Especially when there isn’t a will, there may be people who feel they may have been left out unfairly. The rules of intestacy can’t take account of people’s individual situation, or the wishes of the person who died if they didn’t record them in a will. It is possible to make a legal claim on someone’s estate in some circumstances, especially if you were financially dependent on the person. This can be costly, and it can slow things down by months or even years.
Legal advice will be essential before deciding on taking any action. Sometimes a solicitor can explain the rules and help people reach an agreement without having to go to court.
Frequently asked questions about wills and intestacy
Will probate take longer if there isn’t a will?
If there wasn’t a will, it can take a bit of time to work out who has the authority to apply for probate. Once you are clear who is applying it can take around 16 weeks from applying to receiving Letters of administration. The whole process of sorting out the estate of someone who has died can take many months, often between six months and a year. It will depend on how complicated the person’s affairs were.
What if someone promised to leave me something but didn’t have a will?
If there’s no will, promises usually don’t count legally. However, in some cases, you might be able to make a claim on the estate, especially if you were financially dependent on the person. You’ll need legal advice.
Can a ‘common-law’ partner inherit anything without a will?
No. Under intestacy rules, partners who weren’t married or in a civil partnership don’t have a right to inherit, even if they lived together for many years. The only way for them to inherit is if they were included in a will. They may still be able to make a claim, but it’s not automatic.
Do children from a previous relationship inherit?
Yes, biological and adopted children inherit under intestacy rules. Stepchildren or foster children do not inherit unless they were legally adopted.
Trustestate can help
Coping with probate when there isn’t a will can be a challenging and overwhelming process. Trustestate can help – we’d be happy to talk to you about your individual situation. We offer a simple, streamlined service with expert support at every stage. Book a free call with one of our experts to find out more.
What we offer
Use our Probate and estate administration service and we’ll manage every stage of the process. We’ll take over all the admin, apply to the court for probate, and share out the estate.
Or if the estate is simple, and you have time, you can use our Grant of Probate only service, and we’ll apply for probate using information you provide.
Whichever service you choose, you’ll get dedicated advice every step of the way, and an online platform to keep track of everything.
