If someone dies without a will or if the will is not valid, they will die 'intestate' and the rules of intestacy will apply to their estate. This user guide is to help you better understand the law of intestacy, and how to apply for probate if your loved one has died without a will.
If a person dies without leaving a will, they are referred to as an ‘intestate person’ and their estate will be shared out according to the rules of intestacy.
Often, only married partners, civil partners and certain close relatives of the deceased can inherit their estate under the rules of intestacy, though it can depend on circumstances and the rules can get complicated.
What are the rules of intestacy?
The rules of intestacy distribute the estate between different beneficiaries according to a fixed order of priority. It is often very strict, and only a handful of individuals can inherit anything form the deceased’s estate. The intestacy law acts in the following cases:
Someone dies without a will
The will is not valid
The will does not cover all eventualities and part of the estate remains undisposed of
While intestacy laws typically prioritise those deemed closest to you, such as married or civil partners and close family relatives, it may not share out your estate in the manner you wish and may overlook some loved ones you’d want to include.
To ensure your estate is shared according to your wishes, we strongly advise you to write a will. We offer a variety of will writing services, ranging from straightforward fixed price wills to more complex wills which may involve various assets.
Who can inherit from an estate under intestacy rules?
Intestacy rules have a strict order of priority for inheritance, though depending upon your circumstances, this can get quite complicated. For example:
If you are married or in a civil partnership and don’t have children, your partner will receive everything. Your partner will remain a beneficiary even if you have separated.
If you are married and you do have children, your partner will receive the first £250,000, all personal possessions and half of what remains. The rest is divided equally among your children.
If you aren’t married or in a civil partnership, but have children, everything will be shared equally among them, though this only applies to children who are blood related to you or whom you adopted. Stepchildren who haven’t been adopted will not inherit anything.
If you don’t have a married or civil partner, or any children, your parents will receive everything. This includes adopted parents.
If you don’t have parents, everything will be shared between siblings of whole blood
If you have no siblings of whole blood, half-siblings will share your estate
If none of the rules above apply to you, then the inheritance will fall to more distant family relations. If you want to figure out who inherits an estate in a specific scenario, we recommend using this online flowchart created by the government or contact us.
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Ms G, Lancashire (wills, trusts & probate case)
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication.
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I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services.
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When someone dies without a will, the Probate Registry will need to appoint an administrator to manage the deceased’s estate and distribute assets according to the rules of intestacy. Typically, the administrator would be a close relative, such as a married or civil partner or a child entitled to inherit a part of the estate.
Any beneficiary under the rule of intestacy may apply to become an administrator, though the hierarchy of eligibility will follow the same rules as intestacy.
What is a Grant of Letters of Administration?
Similar to a Grant of Probate, a Grant of Letters of Administration is a legal document issued by the court, granting an individual the authority to administer the deceased’s estate and distribute assets according to intestacy law.
You must obtain a Letter of Administration before you can administer the estate.
How do I apply for a Letter of Administration?
You will need to apply to the Probate Registry for a Letter of Administration. There is an application fee, and a small additional fee for any further copies of the Letter you may require. You’ll also need a copy of the death certificate during your application.
How can Slater and Gordon help
Whether you wish to write a will and avoid intestacy law applying to your estate, or you have a loved one who passed without a will, Slater and Gordon’s compassionate will and probate solicitors can help.
Our team has a wealth of experience in helping people to draft a legally valid will that accurately reflects their wishes and have the legal expertise to answer your questions clearly, so you have the peace of mind that everything is in place.
Our probate solicitors have an incredible track record of supporting those whose loved ones have passed without a will, offering compassionate and understanding support to resolve any intestacy disputes quickly and effectively.
We are an award winning law firm and have a dedicated team of solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We're able to offer affordable expert legal advice and can provide guidance on all aspects of wills and trusts. We can provide you with practical, affordable advice on your situation at the outset giving you clear guidance and options on your next steps.
Tailored advice
We understand that all situations differ - it’s not always a one size fits all - so we are able to provide tailored advice and guidance to suit your individual needs.
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We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Frequently asked questions about probate without a will
Can intestacy rules be challenged?
Unfortunately, intestacy rules cannot be challenged. However, under the Inheritance Act 1975, it can be possible to make a claim for financial provision if:
You were living with the deceased but were not married or in a civil partnership
You were financially dependent upon the deceased, but were not a partner or child
You have inherited some of the deceased’s estate under intestacy rules but it is not enough to support you
What is the difference between a Grant of Letters of Administration and Grant of Probate?
A Grant of Letters of Administration and a Grant of Probate work in a very similar way, by giving a named individual the legal authority to administer and distribute a deceased person’s estate. The only difference is whether the deceased left a will.
If they did, the executor named in the will may need to apply for a Grant of Probate. If there is no will, a beneficiary under the rules of intestacy will need to apply for a Letter of Administration.
How long does it take to get a Grant of Letters of Administration?
It can vary, depending upon several factors, though it can take up to 16 weeks to receive a Letter of Administration.
How much does a Letter of Administration cost?
Legal fees involved can vary depending upon the complexity of the estate, though a standard application fee of £300 (plus a further £1.50 for further copies if required) will apply. Our team will always provide full transparency on any costs involved in your case, so you can proceed with confidence.
To learn more about the fees involved in probate without a will, speak to our specialist solicitors today on 0330 041 5869 or get in touch online.
My lawyer was very helpful at all stages of the process. She explained things clearly and was very flexible and helpful in dealing with my challenging personal circumstances. I would highly recommend. Ms G, Lancashire (wills, trusts & probate case)
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication. Mr S, Lancashire (wills, trusts & probate case)
I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services. Mrs E, Manchester (wills, trusts & probate case)