We will start by saying just how important it is to ensure that you have a Will in place, and that your Will is up to date. Unfortunately, sometimes our loved ones put off making a Will often believing it to be an onerous task, or perhaps not fully appreciating the impact on their family and loved ones were they to die without a valid Will in place.
What happens if someone dies without a Will?
We always advise carrying out a Will search before assuming an estate is intestate. This can be done by undertaking a search of the National Wills Register.
If you are certain that there is no valid Will, the deceased’s estate will fall under the Rules of Intestacy. This is the law that dictates who is to inherit and who is entitled to administer the estate.
What are the Rules of Intestacy?
The Rules of Intestacy can be quite complex to understand, particularly if there are a significant number of beneficiaries. If you are married and have children, only the first £322,000 will pass to your surviving spouse, the remainder will be divided between your children and your spouse. This is particularly important to note that if you are not married, your estate will not pass to your partner, regardless of how long you have been together.
We would recommend conducting a family tree search before going any further.
What does administering an estate mean? How do we know who that Administrator is?
When someone passes away in England and Wales, their estate needs to be collected in, including selling and transferring any assets such as property, land, shares, and bank accounts, and any outstanding debts paid. The balance, their ‘net estate’ then needs to be distributed to the beneficiaries.
Where there is a Will, the deceased will have appointed Executors, who are generally people that they trust and know are capable of dealing with their affairs. However, as noted above, when there is no valid Will, the deceased will have died intestate, and therefore the Rules of Intestacy dictate who is responsible for dealing with an estate. This is often referred to as the ‘Order of Priority’. The Order of Priority follows the Rules of Intestacy, with the exception that a beneficiary in the same branch may have a higher priority than you.
For example, Mr Green passes away, leaving no living spouse or civil partner, children, grandchildren or parents. Mr Green does have 2 siblings though, Mr Blue and Mrs Yellow. Mr Blue had predeceased him, but Mr Blue did have a daughter, Miss Orange.
Both Miss Orange (niece) and Mrs Yellow (sister) are going to receive 50% of the estate each under the Rules of Intestacy, however, because Mrs Yellow is the sibling, which ranks higher in the Order of Priority than Mr Green’s niece, it is Mrs Yellow who is entitled to administer the estate.
How do I know if I need Probate / Letters of Administration?
This depends on what the deceased had in their estate at the time they passed away. If they owned property or land, then probate will most certainly always be required, unless the property or land was owned as joint tenants with another person.
Each bank or share company have their own thresholds as to whether they will require a Grant of Representation before they release funds to you. Once you have registered the death with each institution, they will advise you what they need from you.
You will often hear people refer to the term ‘probate’, this is legal document that enables the administrator to deal with the estate. If there is a Will, the correct term used is a Grant of Probate. If there is no Will, then the term referred to is Letters of Administration.
What Is Probate?
The Rules of Intestacy can be quite complex to understand, particularly if there are a significant number of beneficiaries. If you are married and have children, only the first £322,000 will pass to your surviving spouse, the remainder will be divided between your children and your spouse. Read more…
Can a Partner challenge the Rules of Intestacy?
A surviving partner can make a claim against an estate if:
- they were maintained by the deceased in whole or in part immediately before the death of the deceased; or
- for two years prior to the death of the deceased they lived in the same household as the deceased as if they were the husband, wife or civil partner of the deceased.
If this applies to you, we would strongly recommend seeking advice from our contentious probate department and reading this news article “Cohabitees and Death – Who Can Claim?”.
Contact our Wills & Probate Solicitors for Advice
Here at Thornton Jones, we can provide bespoke advice tailored to your circumstances.
Our experienced team will advise you on how to make a Will and will guide you through the process to ensure your wishes are properly documented.
If you need assistance or advice you can contact our team today on 01924 290 029 or contact us using our online enquiry form.
Intestacy FAQs
Being “intestate” means a person has died without leaving a valid will. When this happens, their estate (property, money, and possessions) is distributed according to the rules of intestacy set out under English law, rather than the deceased’s wishes. This can result in relatives inheriting in a fixed order, and sometimes distant relatives may receive nothing if closer family members exist.
A Will search in the UK can help you find out if someone has left a will and where it is stored. You can:
1. Check with the Principal Registry of the Probate Service.
2. Contact local banks or solicitors who may hold the will.
3. Use the National Wills Register (private service) if the will is not publicly lodged.
A Will search is often necessary when handling an estate or confirming inheritance rights.
Statutory trusts are automatically created by law under the rules of intestacy, most commonly to manage the inheritance of minors. While you cannot remove the legal effect once the trust arises, there are ways to manage or conclude it. For example, the trust automatically ends when a beneficiary reaches 18, giving them full entitlement to their share. Trustees may also, in certain cases, convert the statutory trust into a bare trust to give the beneficiary more control over the assets.
The most effective way to avoid a statutory trust entirely is to make a valid Will. By doing so, you can specify who inherits, when they inherit, and under what conditions, ensuring your estate is distributed according to your wishes rather than default intestacy rules. Proper estate planning also reduces administrative burdens and helps protect assets from unintended risks.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
