What Happens When Someone Passes Away Without a Will?

Losing a loved one is already challenging, and the situation becomes even more complicated if they pass away without a legally valid Will. This is known as dying intestate, meaning the estate must be distributed according to UK intestacy rules.

A common misconception is that everything automatically passes to the surviving spouse or civil partner. However, intestacy rules follow a strict legal order that may result in unintended consequences:

• Unmarried partners have no automatic inheritance rights.

• Stepchildren do not inherit under intestacy unless legally adopted.

• Single individuals without children may see their estate distributed to distant relatives they may not have intended to benefit.

• UK expats and those with international assets may face complex legal issues regarding jurisdiction.

Dying intestate means passing away without a valid Will. The intestacy rules dictate who inherits and in what order, which may not align with the deceased’s wishes. This can cause emotional and financial stress for loved ones, particularly if unmarried partners, close friends or long-term partners are excluded from inheritance.

If someone dies intestate, their estate is distributed according to the rules of intestacy, which prioritise certain family members in a strict order of inheritance:

• Spouse or Civil Partner: If no children exist, the entire estate goes to the spouse or civil partner. If there are children, the spouse receives personal possessions, the first £322,000 of the estate, and half of the remaining estate, with the other half divided equally among the children.

• Children and Adopted Children: If no spouse or civil partner exists, the entire estate is divided equally among the children. This includes legally adopted children.

• No Spouse or Children: If no immediate family exists, the estate follows this strict legal order:

• Parents: if alive, they inherit equally

• Siblings: or their children if a sibling has passed away.

• Half-siblings

• Grandparents

• Aunts and Uncles (or their children, if they have predeceased)

The estate is deemed Bona Vacantia and passed to the Crown if no living relatives can be identified. The government or a designated body (such as the Treasury Solicitor) will administer the estate.

This strict legal order does not consider close friends, unmarried partners, or step-relatives unless they are legally adopted. If an individual wishes to leave their estate to non-family members, they must have a valid Will.

When someone dies intestate, there is no named Executor to manage their estate. Instead, a family member must apply to the Probate Registry for a *Grant of Letters of Administration to become the estate’s Administrator. The Administrator’s responsibilities are similar to those of an Executor appointed in a Will, including:

• Identifying and valuing the deceased’s assets

• Settling outstanding debts and tax liabilities

• Distributing the estate according to the intestacy rules

Unlike Executors,  who derive their authority from a Will upon the Testator's death, Administrators have no authority until the Court (also known as the Probate Registry) issues the Grant of Administration.  

Many assume that jointly owned property automatically transfers to the surviving owner, but this depends on how the property is held:

• Joint Tenancy: The property automatically passes to the surviving owner.

• Tenancy in Common: The deceased’s share forms part of their estate and is distributed according to intestacy rules.

• The deceased's spouse or civil partner
• Adult children of the deceased
• Other close family members in the order of intestacy rules

If multiple family members want to administer the estate (up to a maximum of four), they may apply jointly, but only if they qualify under the strict intestacy rules that determine priority.  

Dying intestate can result in unnecessary tax liabilities.  A well-structured Will helps mitigate Inheritance Tax (IHT) exposure through: 

• Strategic gifting and tax exemptions 
• Trust planning
• Utilising business and agricultural reliefs

The best way to ensure your estate is distributed according to your wishes is to have a legally valid Will in place.  A Will provides clarity and peace of mind, preventing unnecessary complications for your loved ones.  Additionally, proper estate planning can help minimise IHT liabilities, particularly in light of recent changes to tax regulations.