What Is Intestacy?

When someone dies without leaving a valid will, their estate is distributed according to a set of legal rules known as the rules of intestacy.

Many people are surprised to learn that, without a will, the law decides who inherits rather than family members making those decisions themselves.

Understanding intestacy can help families know what to expect during estate administration.

What Does Intestate Mean?

A person is considered to have died intestate if:

• They did not make a will

• Their will is not legally valid

• Their will cannot be located

• Their will does not fully deal with the estate

In these situations, the rules of intestacy determine how the estate is distributed.

Who Inherits Under Intestacy?

The law sets out an order of priority for inheritance.

Depending on the circumstances, beneficiaries may include:

• A spouse or civil partner

• Children

• Parents

• Siblings

• More distant relatives

The outcome will depend on the deceased person's family situation and the value of the estate.

What About Unmarried Partners?

One of the most common misunderstandings about intestacy is that unmarried partners automatically inherit.

In England and Wales, this is generally not the case.

Even if a couple lived together for many years, an unmarried partner does not automatically inherit under the rules of intestacy.

Because individual circumstances vary, legal advice may be appropriate where there is uncertainty.

Who Administers the Estate?

If there is no will, there is no executor.

Instead, an eligible family member can usually apply to become the estate administrator.

The administrator performs a similar role to an executor and is responsible for:

• Gathering information about the estate

• Paying debts and liabilities

• Managing probate applications where required

• Distributing assets

Is Probate Still Required?

In many cases, yes.

Where there is no will, an administrator may need to apply for Letters of Administration before dealing with certain assets.

This legal authority allows them to administer the estate.

What Documents Will Be Needed?

The administrator may need to gather:

• Death certificate copies

• Financial records

• Property information

• Pension details

• Insurance policies

• Identification documents

Keeping these records organised can help make the process smoother.

Can Intestacy Be Avoided?

The simplest way to avoid intestacy is to have a valid and up-to-date will.

A will allows individuals to decide:

• Who should inherit

• Who should act as executor

• How assets should be distributed

Without a will, these decisions are governed by law.

A Gentle Reminder

Discovering that someone has died without a will can feel overwhelming, but there are clear legal processes in place to help guide estate administration.

Take things one step at a time and seek professional advice if you are unsure how the rules apply to your circumstances.

If you are helping to manage an estate, The First 30 Days After Loss organiser provides a practical place to record important documents, contacts, financial information and key administrative tasks during the early weeks after bereavement.

This article is intended for general information only and does not constitute legal advice.