When someone dies without a valid will, the law, rather than the person’s wishes, decides who inherits. This is called dying intestate, and the rules are set out mainly in the Succession Act 1965, which lays down a fixed order for the distribution of the estate.
For many families, the most difficult part is not only the grief, but also the uncertainty. Without a will, there can be extra paperwork, delays, and unexpected outcomes, especially for unmarried partners and blended families, because the intestacy rules do not automatically reflect modern relationships.
This short guide answers some of the most frequently asked questions posed to our wills & probate team on this topic.
What counts as “the estate”?
A person’s estate is the property, money, and belongings they owned at the date of death. This can include assets held in their sole name (for example, bank accounts, a home or land, cars, household contents, and investments such as shares). It can also include their share in assets held as tenants in common.
Some assets may not form part of the estate because they pass in a different way. For example, assets held as joint tenants may pass automatically to the surviving joint tenant by survivorship. In addition, benefits under pensions and life assurance are often paid under the rules of the relevant scheme or policy (sometimes to a nominated beneficiary and sometimes at the trustees’/insurer’s discretion), and may not fall into the estate unless they are payable to the estate.
The intestacy rules apply only to assets that form part of the estate, so it matters how each asset is owned or arranged.
Who deals with the estate when there is no will?
When there is no will, the person who manages the estate is called an administrator. An administrator is a type of personal representative, which is the legal term for the person authorised to deal with a deceased person’s estate.
How the administrator is appointed
An administrator must apply to the Probate Office of the High Court, or to a District Probate Registry, for a Grant of Representation. Where there is no will, the Grant of Representation is called Letters of Administration. This grant is the legal document that confirms the administrator’s authority to collect the assets, deal with institutions, and distribute the estate.
Who usually applies
The person who applies is often the deceased person’s spouse or civil partner, or another close relative who is entitled to inherit under the intestacy rules.
What the administrator does
Once appointed, the administrator’s job is to:
- Identify and value the assets and liabilities
- Apply for the grant, and complete the required probate tax paperwork
- Collect the assets, and pay funeral costs, debts, and any tax due
- Distribute what remains to the correct relatives under the Succession Act 1965
Who inherits under intestacy rules?
The intestacy rules are set out under the Succession Act 1965, as follows:
If there is a spouse
- Spouse, and no children – the spouse inherits the entire estate.
- Spouse, and children – the spouse inherits two-thirds, and the children share one-third. If a child has died, that child’s share can pass to their own children.
If there is a civil partner
- Civil partner, and no children – the civil partner inherits the entire estate.
- Civil partner, and children – the civil partner inherits two-thirds, and the children share one-third.
If there is no spouse or civil partner, but there are children
- The children inherit the estate. If all the children are in the same “degree”, they inherit in equal shares. If not, the estate is divided by family branch, so the children of a deceased child can take that child’s share.
If there is no spouse, civil partner, or children
The law then looks to the next closest relatives. This starts with the parents of the deceased first, and then other relatives, following the order set out in the Act. If there are no relatives entitled to inherit, the estate can pass to the State.
Unmarried partners
A scenario that surprises many is that cohabiting (unmarried) partners do not automatically inherit under the intestacy rules, even if the relationship was long-term.
However, a surviving partner may be able to apply to court for provision from the deceased’s net estate if they were a “qualified cohabitant” under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. In general, this can apply where the couple lived together in an intimate and committed relationship for at least 5 years (or 2 years where they have a dependent child together). Any such application must be made within strict time limits (generally within 6 months after a grant of representation is first issued), and the court has discretion as to whether and what provision to make.
How long does estate administration take without a will?
There is no fixed timetable for an intestate estate. The time it takes depends on how quickly the family can gather information, whether there is property to deal with, and whether the application papers are complete. A common reason for delay is missing documents or uncertainty about the correct next of kin and entitlements.
In general, the paperwork tends to fall into three parts. First, you gather the death certificate and key financial details, then you file Revenue’s Statement of Affairs (Probate) Form SA.2 online and obtain the Notice of Acknowledgement needed for the probate application. Next, you apply to the Probate Office, or a District Probate Registry, for Letters of Administration, using the required forms and supporting documents. Finally, once the grant issues, the administrator collects the assets, pays any debts and tax due, and distributes what remains under the Succession Act rules.
How can I reduce stress for my family?
The simplest step is to make a will and to review it after major life changes such as marriage, separation, a new child, or buying property. A will lets you choose who inherits, who will deal with the estate, and who should act for children, rather than leaving those decisions to the intestacy rules.
It also helps to keep a short, up-to-date information file that your family can find easily. This can include a list of bank accounts and policies, details of property ownership, and contact details for your solicitor and accountant, if you have them. If your situation is complicated, for example, cohabiting, a second family, a farm, or a family business, getting advice early can prevent disputes, delays, and unexpected outcomes.
Require assistance with an estate planning or probate issue?
If a family member has passed away without a will, you may be facing urgent decisions and uncertainty about who can act and who is entitled to inherit. Early advice can help you understand the next steps, reduce delays, and avoid common mistakes during the administration process.
The team here at McCarthy + Co Solicitors LLP can assist with probate and administration applications, including the practical work involved in collecting assets, settling liabilities, and distributing an estate. If you would like to put a clear plan in place for the future, we can also assist with drafting a will that reflects your wishes. Arrange a consultation using our quick and confidential online form.
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