What Happens If Someone Dies Without a Will?

Did they leave a Will?

This is one of the first questions that prospective clients will be asked by a solicitor in an initial meeting regarding an estate.

If the answer to this question is no, an administrator needs to be appointed. This is typically the closest living relative. Rule 22 of the Non-Contentious Probate Rules 1987 sets out the order of entitlement for people to apply for a grant of representation:

22. – (1) Where the deceased died on or after 1 January 1926, wholly intestate, the person or persons having a beneficial interest in the estate shall be entitled to a grant of administration in the following classes in order of priority, namely:

(a)  The surviving husband or wife;

(b) The children of the deceased and the issue of any deceased child who died before the deceased;

(c) The father and mother of the deceased;

(d) Brothers and sisters of the whole blood and the issue of any deceased brother or sister of the whole blood who died before the deceased;

(e) Brothers and sisters of the half blood and the issue of any deceased brother or sister of the half blood who died before the deceased;

(f) Grandparents;

(g) Uncles and aunts of the whole blood and the issue of any deceased uncle or aunt of the whole blood who died before the deceased;

(h) Uncles and aunts of the half blood and the issue of any deceased uncle or aunt of the half blood who died before the deceased.

(2) In default of any person having a beneficial interest in the estate, the Treasury Solicitor shall be entitled to a grant if he claims bona vacantia on behalf of the Crown.”

Where someone dies without a valid Will in England and Wales, the estate of the deceased is governed by the intestacy rules. These rules dictate how a person’s money, property and possessions are distributed if they die without a Will or if their Will is later found to be invalid.

If the deceased is married, their spouse receives everything if there are no children. If there are children of the marriage, the spouse gets personal items, the first £322,000 (statutory legacy), and half of what is left over. The children share the other half of the remaining estate equally. The spouse must survive the deceased by 28 days. If they die within that period, they are deemed not to have survived the deceased, and the next class of beneficiaries will inherit.

If the deceased is not married but has children, their children will share their estate equally between them. This includes adopted children and children born outside marriage, but not stepchildren.

If the deceased is unmarried and has no children but has living parents, everything is shared equally between their parents. If neither parent is living but the deceased has living siblings, then everything is shared equally between their siblings. If there are no full siblings and only half-siblings are alive, everything is shared equally among their half-siblings.

If no siblings are living, the intestacy rules then consider whether the deceased has living grandparents. If the answer is yes, then their grandparents will share everything equally. If there are no living grandparents, living aunts and uncles are then considered. If there are full-blood living aunts and uncles, everything is shared equally between them. If there are no full-blood living aunts and uncles but half-blood living aunts and uncles, everything will be shared equally between the half-blood aunts and uncles.

If any of the relatives named above were not living at the date of the deceased’s death but left descendants who are, then those descendants would usually inherit the share their parent would have taken if they had survived the deceased.

If there are no aunts or uncles of the half-blood or their issue, the deceased’s estate will go to the Crown.

You may read the above and think “I’m not married but have a partner, what happens to them?” Under the intestacy rules, they would not be able to benefit under the intestacy rules. Your partner would also not be able to apply to administer the Estate.

This highlights the importance of having a Will so that your estate can be distributed in accordance with your wishes. A Will also allows you to name the person or people you wish to appoint as executors.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.