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Dying Without a Will

Dying without a will (intestacy)

If someone dies without a valid will, the estate must be administered in accordance with the intestacy rules. These provide for who is entitled to inherit and who is entitled apply for a grant of representation in order to administer the estate.
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The intestacy rules do not always include those who may have expected or needed to inherit.

  • The rules do not include unmarried partners or cohabitees.
  • The rules include the deceased’s biological and adopted children but not step-children.
  • The rules do not include financial dependents
  • The rules include a spouse/ civil partner even if they estranged from the deceased (but not if they are divorced)
  • The rules dictate  who can apply to administer the estate, but this might no reflect the reality of the relationships between those concerned are difficult.

If you are involved in an estate where there is no will it is important to take advice at an early stage.

You need to ensure that the intestacy rules are applied properly and that those entitled under the rules are correctly identified. If a dispute arises, our team can advise you what steps you may be able to take.

For more information about what the intestacy rules provide or if you need help with the administration of an estate where there is no will click here

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