What Happens If Someone Dies Without a Will?

If someone dies without leaving a will, their estate will be distributed in accordance with certain rules. These rules are known as the rules of intestacy.

There is a strict order of priority of who can benefit from someone’s estate if they pass away intestate. The UK Government website has a handy tool that can assist you in determining and identifying who is entitled to inherit when someone dies intestate.

You can use the link here to determine who may benefit: Check who can apply for probate and inherit if someone dies without a will - GOV.UK [opens a new window]

If the deceased was married or in a civil partnership then, depending on the size of the estate and whether there are any children, the spouse or civil partner will inherit everything. If there are children and there is a sizeable estate, then the children will also be entitled to inherit a portion of the assets.

Should a person die without a living spouse, civil partner or grandchildren, then other close relatives may be entitled to inherit.

Joanne highlights it is important to note that an unmarried partner has no legal automatic right to inheritance, which is why making a Will is so important for those who are in long-term relationships and have not married.

Examples of Who Inherits When There Is No Will

Married Couple or in a Civil Partnership – With No Children or Grandchildren

Under the rules of intestacy, the surviving spouse or civil partner would be entitled to the whole estate, providing they survive for a period of 28 days. If the spouse or civil partner dies within 28 days, the rules of intestacy treat them as having not survived. If this happens, then the estate is distributed in accordance with the next category of the beneficiary under the intestacy rules.

Married Couple or in a Civil Partnership – With Children

Under the rules of intestacy, the surviving spouse or civil partner is entitled to all the personal possessions and everything up to the value of £322,000 (often referred to as the spousal legacy). If the estate exceeds £322,000, the spouse or civil partner will also inherit half of everything that remains. The rest is then shared equally between their children.

So, for example, John was married to Sally, and they have three children. When John passed away, his estate was worth £500,000. Sally inherited all of John's personal possessions and the first £322,000 of the estate, which then left a balance of £178,000. Sally also inherited 50% of the £178,000, giving an entitlement of £411,000. The remaining £89,000.00 is then equally shared between the three children, so each of the children receives the sum of £29,666.00.

Unmarried and Has Children or Grandchildren

Taking the scenario above save that John and Sally were not married. John’s estate would then be shared equally between his children. If any of his children have predeceased him, then his grandchildren or his great-grandchildren can inherit their parent's share.

Unmarried With No Children

John has never been married and has no children. His parents have predeceased him, and he has one brother who survives him and two nieces and a nephew who were the children of his sister who predeceased him. John’s brother and his nieces and nephew would be entitled to benefit from the estate. John’s brother would inherit 50%, and the remaining 50% of his estate would then be split equally between his nieces and nephew.

Why Making a Will Still Matters

Ultimately, the rules of intestacy are around 100 years old; therefore, modern family dynamics were not taken into account when these rules were written. Making a Will is the best way to make sure you have a say on what happens to your estate.

Our specialist private client solicitors at Endeavour Law are here to help. If you wish to know more about the service we can offer you, then please call us on 0800 014 8521 or alternatively email on info@endeavour-law.co.uk for a free no-obligation quote.