If you die without a valid will, you are said to have died intestate. This means your estate will be distributed according to the rules of intestacy- a strict legal framework set by the government. These rules also apply if a will exists but is legally invalid.

The rules of intestacy do not take personal wishes into account. For example, an unmarried partner has no automatic right to inherit, no matter how long you lived together. Stepchildren also have no entitlement unless legally adopted. This can leave loved ones excluded and cause unnecessary disputes.

The rules of intestacy set out exactly who receives your estate. The outcome depends on your family circumstances:

Married or in a civil partnership, with children

Your spouse or civil partner inherits:

• All personal possessions, plus the first £270,000 of the estate.

• Half of anything above this amount.

The other half of the remainder is divided equally between your children when they reach 18. If a child has already died, their share passes down to their children (your grandchildren).

Married or in a civil partnership, with no children

Your spouse or civil partner inherits the entire estate.

Unmarried, with children

Your estate is divided equally between your children. If a child has died, their share passes down to their children (your grandchildren or great-grandchildren). Adopted children are treated the same as biological children. Stepchildren, however, do not inherit under intestacy rules.

Unmarried, no children

Your estate passes in a strict order of priority:

1. Parents

2. Full siblings (or their children if they have died)

3. Half siblings (or their children if they have died)

4. Grandparents

5. Aunts and uncles (or their children if they have died)

No living relatives

If you have no surviving relatives, your estate passes to the Crown. The government can hold unclaimed estates for up to 30 years, during which distant relatives may be able to claim.

If you live with a partner but are not married or in a civil partnership, they have no automatic right under intestacy law. They may apply for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, but this is not guaranteed and often involves costly legal proceedings.

When there is no will, someone must apply to administer the estate. Instead of a “Grant of Probate,” they apply for Letters of Administration. The person granted authority is called the administrator.

Administrators must:

• Value the estate (including jointly owned assets).

• Calculate and pay inheritance tax.

• Settle debts and other liabilities.

• Distribute the estate according to intestacy rules.

This is often complex and stressful, especially during bereavement. Many families choose to appoint a solicitor or probate specialist to ensure the process is handled correctly.

Professional help can be essential where:

• The estate exceeds the inheritance tax threshold.

• Assets are held in trusts or abroad.

• The estate is insolvent (bankrupt).

• There are complex family arrangements or disputes.

• There is no will, making administration more complicated.

Solicitors provide expertise, neutrality, and efficiency, reducing the burden on grieving families.

• Bank accounts: Once notified of a death, banks freeze accounts. Money is released to the administrator once Letters of Administration are granted.

• Pensions: The Pension Service stops state pension payments. Workplace or private pensions may be payable to beneficiaries depending on the scheme.

• Property and trusts: Jointly owned property usually passes automatically to the surviving joint owner. Assets in trusts pass to the named beneficiaries.

• Insurance: Life insurance can usually be claimed, but other policies will end.

• Debts: Debts are paid from the estate. They are not passed on to relatives, but they may reduce the inheritance available.

If you are unsure whether someone left a will, you can:

• Search their home and personal papers.

• Ask their solicitor or bank.

• Use a professional will search service or the National Will Register.

If no valid will can be found, the estate will be administered under intestacy.

Dying without a will isn’t disastrous, but it can create unnecessary complications. Loved ones may face delays, disputes, or financial hardship. More importantly, the people you most want to benefit may receive nothing.

The simplest way to protect your family is to make a legally valid will. With a solicitor’s help, you can ensure your wishes are clear, enforceable, and free from ambiguity.

Don’t leave it to chance. Making a will now saves uncertainty later.