If a person dies without a Will, or if their Will is invalid, they are deemed to have died ‘intestate’. This means that their estate will be distributed in-line with the rules of intestacy.
Whilst naturally this will be a difficult time for all family and friends, it can cause further distress and challenges to understand and navigate the next steps and process ahead.
If you do find yourself in this situation, it is advisable that you seek advice and support from legal experts like ourselves. Our compassionate and understanding team is available to discuss your requirements today.
Also, if you do not have a Will yet, it is strongly advisable that you arrange to have one drafted. This not only gives you peace of mind that your wishes will be carried out, but it will support an easier process of your assets being shared via probate.
Below, AFG Law have rounded up some key points and information to help you gain a better understanding of what intestacy is, the rules in more detail and how you can apply.
What does intestacy mean?
Intestacy occurs when a person dies without leaving a valid Will, or they leave a Will that does not dispose of all of their assets. When this happens, the distribution of their property, money and personal possessions is decided by the rules of intestacy rather than by their wishes.
These statutory rules are set out in the Administration of Estates Act 1925 and apply throughout England and Wales.
If someone dies intestate, their estate must be shared between surviving relatives according to a fixed order of priority. This can sometimes mean that those the deceased would have wished to benefit, such as unmarried partners or step children, receive nothing.
What are the rules of intestacy?
The rules of intestacy determine who inherits and in what proportions. A person’s estate is distributed in a specific order under the rules of intestacy. The rules prioritise close family members, beginning with any surviving spouse or civil partner.
Who inherits under intestacy rules? – Order of inheritance
The estate is distributed when a person dies without a valid Will in the following order:
-If the deceased was married or in a civil partnership and has no children, the estate passes entirely to the surviving spouse or civil partner.
-If the deceased was married or in a civil partnership and has children, the spouse or civil partner receives:
- All personal possessions of the deceased.
- The first £322,000 of the estate (as of 2025).
- Half of the remaining estate.
The other half of the remaining estate is divided equally between the children of the estate.
-If there is no spouse or civil partner, the estate goes to other relatives in the following order of priority:
- Children (or if deceased, their descendants).
- Surviving parent(s).
- Brothers and sisters (or their descendants).
- Half-brothers and half-sisters.
- Grandparents.
- Aunts and uncles (or their descendants).
- Half-aunts and half-uncles.
If there are no surviving relatives within this list, the estate passes to the Crown under a process known as bona vacantia.
Under the rules of intestacy, only certain relatives are entitled to inherit. This means that unmarried partners, friends, and step children have no automatic right to inherit from the estate, even if they lived with or were financially dependent on the person who died.
If the deceased was married or in a civil partnership, the surviving spouse or civil partner will usually inherit most or all of the estate depending on whether there are children.
The children of the estate will only inherit if the estate exceeds £322,000 and there is a surviving spouse or civil partner, or if there is no surviving spouse or civil partner at all.
Children can only receive their inheritance once they reach the age of 18 (or marry before that age).
If a child has already passed away, their share will pass to their own children (the deceased’s grandchildren).
It is also important to note the distinction between joint tenants and tenants in common. If property is owned as joint tenants, the deceased’s share automatically passes to the other joint owner, regardless of the intestacy rules. However, if the property is owned as tenants in common, the deceased’s share forms part of their estate and is distributed according to the rules of intestacy.
What is partial intestacy?
Partial intestacy occurs when the person who died left a valid Will, but that Will does not cover their entire estate. For example, if the Will disposes of only some assets or beneficiaries named in the Will have already passed away without alternatives being named, the remainder of the estate will be distributed under the rules of intestacy.
In such cases, part of the estate will be managed according to the Will, while the remaining estate will follow the statutory rules.
Can intestacy rules be challenged?
While the rules of intestacy are strict, they can sometimes be challenged under certain circumstances.
For example, if someone was financially dependent on the deceased but is left without reasonable provision under the rules, they may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
This includes cohabiting partners, step children, or anyone who was being financially supported by the person who died.
In addition, disputes may arise regarding who should be dealing with the estate or whether certain assets were jointly owned or held in trust.
If you believe you have been unfairly left out or that an intestacy distribution does not reflect the deceased’s true wishes, you should seek legal advice as soon as possible.
Who can apply for probate when someone dies intestate?
When there is no Will, the order of priority for who can apply for Letters of Administration is set by law. Typically, this will be:
- The surviving spouse or civil partner.
- Children of the deceased.
- Parents.
- Brothers and sisters.
- Other relatives in descending order of priority.
Only someone over the age of 18 can apply, and it is usually advisable for one or two people to act as administrators jointly.
How to apply for Letters of Administration
When someone dies intestate, an administrator must be appointed to handle dealing with the estate. This includes valuing assets, paying debts, and distributing inheritance according to the rules of intestacy.
To gain the legal authority to do this, an application must be made for Letters of Administration.
You can apply online through the government’s probate service or by completing a paper application. You’ll need to provide details of the person who died, their assets, and any known relatives who may be entitled to inherit.
A fee is payable, and once the application is approved, the administrator will receive a Grant of Letters of Administration, which allows them to access bank accounts, sell property, and distribute the estate.
Contact AFG Law
If you are dealing with the estate of someone who has died intestate, or if you would like to make or update your own Will, AFG Law can help.
Our experienced team can guide you through every stage of the process, from applying for Letters of Administration to ensuring that the rules of intestacy are followed correctly. Our dispute resolution team can also advise on any disputes, inheritance claims, or complex family arrangements such as blended families or property owned as joint tenants.
We offer clear, practical advice tailored to your situation, helping to make what can be a challenging time as smooth as possible.
Get in touch with our team today via email at PrivateClientDept@afglaw.co.uk or speak to one of our experts on the phone at 01204 377600.We’re here to help clients across England and Wales with all aspects of estate planning, probate, and intestacy.