It’s always a hard time when someone passes away, which can be intensified if they don’t have a will. In this blog we’ll explore everything you need to know about what happens when someone dies without a will so that you can best navigate the situation.
Dying without a will in England or Wales (also known as dying intestate), means that the deceased’s property and money will be shared out according to legal default. However, if a will was created, the individual's property and money would have been distributed based on their wishes, as long as it was not contested and proved invalid.
What are the intestacy rules in the UK?
Intestacy rules for England and Wales are set out in the Inheritance and Trustee’s Power Act 2014. However, the implications can differ depending on the circumstances.
Typically, if an individual is married, their wife, husband or civil partner will keep all the assets up to £322,000 as well as all personal possessions regardless of their value. The remainder of the assets will be shared in the following way:
- The wife, husband or civil partner will get absolute interest (full rights) over half the remainder of the estate.
- The other half of the estate will be divided equally between all surviving children.
- If a son or daughter has passed away but has children, they will inherit their share in their place.
If a person is married and doesn’t have a child, their wife, husband or civil partner will inherit everything.
Intestacy rules for those who are unmarried
- If you are unmarried but have children, the children will inherit the estate on their 18th birthday. This will be divided equally if there are multiple children involved. If the children are deceased but grandchildren or great grandchildren exist, they will equally inherit the estate instead.
- If you are unmarried and don’t have any children, the estate will be distributed in this order: their parents, full siblings, half siblings, grandparents, uncles and aunts, the aunt and uncles children, half uncles and half aunts and then their children.
- If you’re unmarried and have no living relatives, the estate will go to the crown.
An important thing to note is that even if a partner was cohabiting with the deceased, they do not have an automatic right to make a claim to their estate unless they can prove that they were financially dependent on the deceased.
How to find out if someone has left a valid will in the UK
It’s recommended that once someone creates a will, they inform all of their named executors in advance and let them know where the will is being kept. However, this doesn’t always happen.
If you’re unsure on whether someone has left a will you can search online through the probate service. As of February 2025, it will cost £1.50 to order a probate record online.
Named executors will need to apply for probate as this will give them the legal authorisation to deal with the person's estate. This should be a straightforward process for a spouse, especially as you don’t need the grant of probate to deal with jointly owned assets, but it can take much longer for siblings.
What happens to a person's bank account if they die without a will?
Dealing with an individual's bank account when they don’t have a will can be very complicated. Applying for probate without a will is known as a grant of ‘letters of administration’. This will need to be applied for to obtain the legal right to administer their estate (including their bank account). You will need to value the deceased’s assets, including their pensions, life insurance and investments. You’ll also need to provide certified documentation when you apply for probate.
To best navigate this process we recommend getting in touch with our Probate Solicitors to help the process run as smoothly as possible.
