What to do if a person dies without a will
When someone dies without a will, the rules of intestacy apply. Find out what this means in our guide.
Dying without a will – known also as "dying intestate" – is quite common in the UK. In 2024, Co-op Legal Services revealed that "only 28% of UK adults claim to have a will, with nearly 40 million without one".
This matters because a will is essentially a document of wishes. It expresses what you want to happen to your assets (property and money) after you die.
Dying without a will means you die without legally expressing your wishes. Instead, your assets are shared according to the rules of intestacy.
These rules apply to anyone who dies without a will. It doesn't matter whether the person who died had a closer relationship with one relative than another. If they die intestate, their assets will be shared in a fixed order of priority.
In this guide, we explore the rules of intestacy in the UK. We hope it helps clear up this sometimes confusing legal matter.
What are the rules of intestacy?
In England and Wales, the laws governing intestacy are laid out in the
Administration of Estates Act 1925 and amended by the
Inheritance and Trustees' Powers Act 2014.
If the person who died was married or in a civil partnership, the husband, wife or civil partner keeps all assets up to the value of £322,200, along with all the personal possessions.
The husband, wife or civil partner then gets half of what's left and the rest is split between any surviving children. If they had no children, the spouse receives everything. And if a child who was supposed to inherit assets has died,
their child or children will inherit their share.
The rules are different for people who die unmarried or not in a civil partnership. First of all, any children will inherit shares of the estate when they turn 18. If there are no children, the estate is shared among relatives in an "order of priority".
In Scotland, the rules are slightly different. There, a spouse or civil partner is prioritised above parents and siblings.
In practice, this means that if a person dies without a will and without children, their spouse or civil partner inherits the estate in its entirety.
In Northern Ireland, intestacy rules are laid out in the
Administration of Estates Act (Northern Ireland) 1955, which was modified in 1981 and 2007. These are similar to the rules in England and Wales but not identical.
What are the rules of intestacy concerning cohabiting couples?
In the UK, cohabiting couples have limited legal rights. If you cohabit with a person and they die without a will, you don't get an automatic claim on their estate. Instead, blood relatives are prioritised.
In some situations, this can lead to the surviving cohabiting partner being left without money. They can, however, make a claim under the
Inheritance (Provision for Family and Dependants) Act 1975.
To receive money from the estate, the person applying under this act must demonstrate that they were financially dependent on the person who died. They must also prove that they now face financial hardship.
Who can deal with the estate of the person who died?
A will names an executor – the person responsible for distributing the estate. Without a will, a close relative (spouse, child or parent) usually takes this role.
To do so, they have to apply to the Probate Registry for something called a "Grant of Letters of Administration". This tells banks, building societies and other organisations that you have the right to access and distribute money that belonged to the person who died.
However, not every executor needs a Grant of Letters of Administration. You may not need to apply if the estate is worth less than £10,000 and doesn't include any land, property or shares.
You might also not need a grant if the estate is shared with a spouse or civil partner. In this case, the estate will pass automatically to the joint owner of the estate.
How do you know if someone has left a valid UK will?
Sometimes, a will is easy to find. But sometimes, you'll have to take steps to establish whether the person who died left a valid will.
There are several ways to do this. You can check the Probate Registry online or by post. In order to do this, you'll need the full name of the person who died and the year of death.
You can contact the solicitor who drafted the will. They may have a copy or know where to find the original. You could also ask the executor if you know who they are.
You can search the National Will Register. It's important to note, however, that this is a voluntary register and not a complete database.
Once the will has been found, you need to establish whether it's valid. To be valid, it must be in writing, signed by the testator (the person writing the will) and signed and witnessed by two other people.
What happens when a will is invalid?
If a will is legally considered to be invalid, the estate will be shared according to a previous valid will. If there's no previous valid will, the rules of intestacy apply.
What happens to a bank account when someone dies without a will?
When someone dies without a will, their bank accounts are frozen. To release the person's funds, the bank requires a Grant of Letters of Administration.
If the person who died had a joint account with a spouse or other person, the account automatically transfers to the surviving account holder.
Conclusion
When a person dies, there are many administrative and practical tasks to carry out. Sometimes, these tasks are made more difficult by the emotions you're going through. We hope this article helps make the process that little bit easier.
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