What happens if there is no Will?
Emma Houghton, Partner in the Private Client team at Berry & Lamberts Solicitors, discusses what happens if someone passes away without a will.
What happens if someone passes away without a will?
When someone passes away without a valid will in England, the person is said to have died intestate, and it means the law steps in to decide what happens to their estate.
Rather than the deceased’s wishes determining who receives what, the rules of intestacy take effect. And while these rules aim to provide a fair structure, they often don’t reflect what the individual would have wanted, particularly for unmarried couples or blended families.
Who administers the estate?
When there’s no will, there’s no named executor. Instead, a relative, or close family member, must apply to the Probate Registry for what’s called a Grant of Letters of Administration. This document gives them legal authority to manage the estate. They are then known as the administrator. The administrator fills a similar role to the executor.
The administrator’s job involves collecting and valuing all the assets, paying off any debts and taxes, and distributing the remaining estate in line with the intestacy rules.
Emma Houghton
Applying for a Grant of Letters of Administration
The process of obtaining the grant is broadly similar to applying for probate when a will exists. The key steps are:
- Check if a grant is needed – Not all estates require probate.
- Value the estate – The administrator must work out the value of the estate, including all assets and any debts owed.
- Report to HMRC – Even if no inheritance tax is due, the estate still needs to be reported to HMRC using the appropriate forms.
- The administrator applies to the Probate Registry, including the death certificate and estate valuation, along with a fee.
- Receive the grant – If everything is in order, the Probate Registry will issue the Grant of Letters of Administration.
- Deal with the estate – Once the grant is received, the administrator can collect the deceased’s assets, pay debts, and distribute what’s left according to the rules of intestacy.
How Are Assets Distributed?
The rules of intestacy prioritise certain relatives in a set order. This is how it works:
- Spouse or civil partner: If there are no children, the entire estate goes to them. If there are children, the spouse receives a statutory legacy (currently £322,000), all personal possessions, and half of the remaining estate. The other half goes to the children.
- Children: If there’s no surviving spouse or civil partner, children inherit everything, divided equally.
- Other relatives: If there are no children or spouse/civil partner, the estate is shared according to a hierarchy.
- No close family? The estate passes to the Crown through a process known as bona vacantia.
One crucial point: Unmarried partners have no automatic right to inherit, even if they lived with the deceased for decades. This often comes as a nasty surprise and can lead to hardship or disputes.
Why Making a Will Matters
Intestacy can lead to outcomes no one anticipated, especially if you’re not married or in a civil partnership. It might exclude people the deceased cared deeply for or create disputes between family members. It also brings peace of mind, knowing that your wishes will be respected and your loved ones will be protected.
Using a solicitor to prepare a will ensures that it is legally valid and compliant with current laws. Their extensive legal knowledge can help avoid common mistakes. Solicitors are regulated, ensuring they act within the law which can save you time, money and stress in the long run.