What happens when someone dies without a will

When someone dies without a valid will, the law determines who inherits the estate passing under intestacy. The answer depends on the relevant UK jurisdiction and the family relationships at death, not on who arranged the funeral or provided the most care. ^[1]

Establish the family position accurately

Record any spouse or civil partner, children and descendants of children who have died. Include adoption and previous relationships. Distinguish separation from a final divorce and a stepchild from a legally adopted child; those distinctions can change the outcome.

An unmarried partner does not automatically inherit under the intestacy rules in England and Wales. Other rights or potential claims may require prompt advice. Do not distribute the estate on the assumption that a long relationship creates the same entitlement as marriage.

Identify what falls into the estate

Joint ownership, trusts and pension arrangements may direct assets outside intestacy. Check them before applying statutory shares to everything the deceased used or controlled. Joint property explains one important distinction.

The person entitled to inherit and the person entitled to administer the estate are related but separate questions. Use letters of administration to prepare for the appointment process. Search for a will properly before proceeding and keep a record of enquiries made.

Confirm that the no-will assumption is justified Ask who has checked the deceased's papers, known professional advisers and any recorded storage arrangement. Keep a note of the enquiries and preserve documents that may be a will, codicil or copy. A relative's belief that no will was made is different from a reasonable search showing that none can be located. If an original is missing but a copy exists, obtain advice about its significance rather than immediately treating the estate as wholly intestate.

A will may also fail to dispose of everything, creating a question about part of the estate. Give the adviser the complete document rather than assuming that the existence of a signed page resolves every distribution. The relevant issue is which assets are governed by valid testamentary provisions and which, if any, fall under intestacy. This can require interpretation where gifts fail, beneficiaries have died or the residue is not dealt with effectively.

Build a family tree supported by the right documents Identify the deceased's legal family relationships at death. Record marriages, civil partnerships, final divorces, children and descendants of a child who died earlier. Explain adoption, previous relationships and any uncertainty about parentage or legal status. A diagram or list can help an adviser identify missing information, but its entries should be linked to the records needed to establish them. Do not substitute a family nickname or social description for the relationship that the law requires.

The government intestacy service asks questions that depend on the relevant jurisdiction and family circumstances. Use it with accurate facts rather than selecting answers to match the distribution relatives have informally agreed. In England and Wales, an unmarried partner does not acquire automatic intestacy rights simply through the duration of cohabitation. Their ownership interests or possible claims are separate matters requiring assessment. Avoid distributing the estate before those questions and the actual statutory entitlement are understood. ^[1]

Separate inheritance rights from assets passing another way Check how property, accounts, insurance and pension benefits are held or payable. An asset that passes by survivorship may not be distributed under intestacy, although it can still raise valuation or tax questions. A named nomination may have a different effect under a provider's rules from an outright testamentary gift. Obtain the relevant documents and responses rather than applying intestacy shares to every balance or item associated with the deceased.

Likewise, establish the deceased's actual share where ownership is disputed or another person contributed to the asset. Record the uncertainty instead of treating possession or access as proof of entitlement. A family member who managed an account may have acted under authority that ended at death without owning the money. The estate assessment should identify what belongs to the deceased and what legal route governs it, before any calculation of beneficiaries' shares is presented as settled.

Address administration and disagreement through their own routes Ask who has the right to apply for the appropriate grant and whether other people have an earlier or equal entitlement. The person who arranged the funeral or gathered documents is not automatically authorised to distribute assets. Explain minor beneficiaries, unavailable relatives and any dispute about the family tree. These issues may affect both the administration arrangements and the evidence required, so they should not be left until money is ready to be transferred.

If relatives want a different distribution, obtain advice about the options, consent requirements and tax consequences rather than simply changing the statutory shares in a spreadsheet. Where a potential claim is raised, record the request and seek advice promptly about its basis and timing. Keep necessary funds and documents available while the position is assessed. A clear intestacy process identifies entitlement from verified facts, then deals separately with administration, claims and any properly considered agreement to alter the outcome.

Where relatives share names, attach identifiers such as birth dates to the family tree. A mistaken identity can distort the apparent order of entitlement even when the underlying relationship documents are genuine and the arithmetic has been checked.