Dying Without a Will UK: Intestacy Rules Explained

What this document is

Intestacy is the legal term for dying without a valid will. When this happens in England and Wales, the Administration of Estates Act 1925 and later amendments, including the Inheritance and Trustees' Powers Act 2014, decide who inherits. The rules work as a fixed ladder.

A surviving spouse or civil partner sits at the top, followed by children and grandchildren, then parents, then siblings, then half-siblings, grandparents, aunts and uncles, and so on. If no relatives in the defined categories can be traced, the estate passes to the Crown under the rules of bona vacantia.

Unmarried partners, stepchildren who were never legally adopted, and close friends do not inherit anything under intestacy, no matter how long the relationship lasted. This is one of the biggest surprises for families. The rules also dictate who has the legal authority to deal with the estate.

Instead of an executor named in a will, a relative must apply to the Probate Registry for a grant of letters of administration, which gives them the power to collect assets, pay debts, and distribute what remains.

How to use this document

1. Register the death and locate any paperwork. Before anything legal can happen, the death must be registered at a local register office, usually within five days. While doing this, gather bank statements, property deeds, insurance policies, pension details, and any correspondence that shows what the deceased owned or owed. Even if there is no will, a thorough search of paperwork, safes, and solicitors' offices is sensible in case one turns up.
2. Identify who has the right to administer the estate. Under intestacy, the closest living relative has priority to apply for letters of administration. This is normally the spouse or civil partner, then adult children, then parents, and so on down the statutory order. If several people share equal entitlement, they can apply together or agree that one takes the lead. Disputes at this stage are common, so it is worth talking things through early.
3. Value the estate and report to HMRC. The administrator must work out the value of everything the deceased owned, including property, savings, investments, vehicles, and personal belongings, minus any debts. Depending on the size and nature of the estate, an inheritance tax account may need to be submitted to HMRC before a grant can be issued. Professional valuations are often sensible for property and higher-value items.
4. Apply for letters of administration. Once the estate is valued and any tax position is settled, the administrator applies to the Probate Registry. This involves submitting the application form, supporting documents, a statement of truth, and the relevant fee. The grant, once issued, is the legal key that unlocks bank accounts, allows property to be sold or transferred, and lets the administrator deal with third parties on the estate's behalf.
5. Pay debts, then distribute according to the intestacy rules. With the grant in hand, the administrator collects in the assets, settles outstanding debts and any tax, and then distributes what remains strictly according to the statutory order. Keeping clear records is essential, as beneficiaries are entitled to see estate accounts. If minor children are beneficiaries, their share is held on statutory trust until they reach eighteen.

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