What happens if you die without a will?
When someone dies without leaving a valid will in England and Wales, this is called dying intestate. The individual’s estate, including assets and property is distributed according to the rules of intestacy, rather than your own wishes. As a result, the intestacy determines who is legally entitled to inherit. Regardless of how close you are to certain relatives or individuals. Understanding the rules of intestacy can help individuals understand how an estate will be distributed if someone passes away without a will.
Who inherits under the rules of intestacy?
When someone dies without a valid will, the intestacy rules determine who is legally entitled to inherit. These rules follow a set order, prioritising the relatives with the closest connection to the deceased. In most situations, the sequence is:
- Spouse or civil partner.
- Children, then grandchildren if a child has already died.
- Parents.
- Siblings, followed by their descendants.
- Half-siblings
- Grandparents
- Uncles or aunts
If no relatives can be traced, the estate may be treated as unclaimed and handled under by Bona Vacantia. Under intestacy law, the estate remains claimable for up to 30 years before it ultimately passes to the Crown.
Important things to remember
Cohabiting partners or common‑law spouses do not automatically inherit under the rules of intestacy in England and Wales. Without a will, they may receive nothing from the estate. If you are divorced, this will nullify any intestacy rights between the two parties. Although, if you are separated but still legally married, the remaining party will still inherit as they are legally their spouse.
Children of the deceased include those legally adopted but not stepchildren or foster children.
When a probate researcher can help
A probate researcher may be required where family members are missing and need to be identified and traced. Relatives may have become estranged over time, or they may be unknown to the deceased or to other family members. Sometimes, tracing may result in researching overseas depending on family history.
Individuals may enquire to probate researchers to ask for assistance about who is legally entitled to inherit when a family member has passed away.
Following a public health funeral and no will can be found, local authorities may instruct a probate researcher to trace and contact the deceased’s next of kin.
Overall, probate researchers are contacted to help distribute the estate to the rightful heirs when they cannot be identified or located.
Why understanding intestacy matters?
It is important to understand the effects of dying intestate. Without estate planning, this can cause uncertainty and potentially disputes between relatives. Understanding the rules of intestacy helps clarify who is legally entitled to inherit.
However, Scotland has its own legal system and separate rules on intestacy, which differ from those in England and Wales.
Do you need assistance?
While understanding the rules of intestacy shows how your estate will be legally disputed without a will. Creating a valid will allows individuals to take control of their estate planning, outline their wishes and how they want their assets to be distributed.
If someone has passed away and you need help locating a missing next of kin or you’re unsure whether you’re entitled to inherit, please contact us.
