What Happens if I Die Without a Will?

Having a valid Will is crucial to ensuring your estate is protected after your death, yet statistics show that over 61% of adults in the UK do not have one. For those who die without a Will - therefore, “dying intestate” - there are many legal implications and complications that can occur, not to mention the added, avoidable, emotional strain on loved ones. 

This article will address the rules of intestacy, what happens if there are no surviving blood relatives, and how inheritance tax (IHT) is handled without a Will; helping you to understand why you should ensure you have a professionally drafted Will created as soon as possible, or ensuring that your Will is always reviewed and updated if necessary following any significant life events or changes. 

What Is Intestacy?

Intestacy is the term used when someone dies without leaving a valid Will in place, therefore leaving the fate of their assets in the hands of the legal system. The rules of intestacy - which determine the order of inheritance - vary throughout the UK, with England and Wales sharing the same rules. 

What Is Partial Intestacy? 

If someone has left behind a valid Will which does not distribute all of their estate, this is known as a “partial intestacy”. There are many reasons why this may happen, such as if a Will fails to mention certain assets, or a beneficiary dies before the testator (the person who wrote the Will) and a new provision hasn’t been made.

What Is the Order of Inheritance Without a Will?

According to the rules of intestacy, there is an order of priority for who receives an estate from someone who has died intestate. Typically, here’s how it looks: 

Spouse or Civil Partners

If a person dies intestate, their spouse or civil partner inherits first from the estate. The exact division depends on the value of the estate and whether there are children.

Currently, in England and Wales:

• If the estate is worth less than £322,000, or if the deceased had no children, then the spouse inherits everything, including all personal effects. 
• If it’s worth more than £322,000, the spouse receives the first £322,000 and 50% of the remaining estate, with the other 50% going to any children on statutory trusts.

Children and Descendants

If there is no surviving spouse, then the estate is divided equally amongst the children. However, if a child has predeceased their parent(s), their share is inherited by their own children (the deceased’s grandchildren). 

All biological and legally adopted children are entitled to a share of inheritance under intestacy rules, but stepchildren do not automatically inherit (unless they were legally adopted). If children are from different relationships, the division of assets follows the same principle of equal distribution.

Other Family Members

If there is no surviving spouse or children, the estate follows a strict order of inheritance:

1. Parents: If the deceased’s parents are still alive, they inherit the estate in equal shares. 
2. Siblings: If there are no surviving parents, the estate passes to the deceased’s siblings. If a sibling has predeceased, but has children (nieces/nephews of the deceased), those children inherit their parent’s share. 
3. Half-Siblings: If there are no full siblings, half-siblings are next in line.
4. Grandparents: If there are no siblings or their descendants, the estate goes to the deceased’s grandparents.
5. Aunts and Uncles: If no grandparents survive, the estate is divided among the deceased’s aunts and uncles. If all aunts and uncles have passed away, any aunts or uncles of the “half blood”, or their issue, will be entitled to the estate

Unmarried Partners and Friends

One of the biggest misconceptions about inheritance law is that "common-law marriage" exists in the UK;  it does not. No matter how long a couple has lived together, an unmarried partner has no automatic right to inherit under intestacy rules. Similarly, friends, carers, and other non-relatives are also not entitled to inherit anything.

However, under the Inheritance (Provision for Family and Dependants) Act 1975, a cohabiting partner or dependent can apply to the court for reasonable financial provision. This includes long-term partners (who have lived with the deceased for at least two years before their death), or children treated as a “child of the family”, such as step-children. 

What Happens if There Are No Surviving Blood Relatives?

If a person dies intestate and there are no living relatives who could inherit under the rules of intestacy, their money and assets are classed as “bona vacantia” - in other words, ownerless property. Therefore, the estate will go to the Treasury Solicitor at the Crown Court (except in Lancaster and Cornwall), who then publish it on the GOV.UK website and in The Gazette. 

Lancaster and Cornwall are exceptions due to their historic Duchies; the assets are instead dealt with by the Duchies’ solicitors, Messrs Farrer & Co. 

What Happens to Minors if Their Parents Die Intestate?

If both parents die intestate, a minor (child under 18 years old) will still receive their share of the inheritance, but it will be held in a trust until they are legally entitled to it (aged 18+). The child’s guardianship is not automatically assigned, meaning it will be left up to the Court to determine who will care for the child. If a Will exists, it typically names a legal guardian, but without one, no relative has an automatic right to custody. 

Close family members, such as grandparents, aunts, or uncles, can apply for guardianship, and the court will assess candidates based on factors like their relationship with the child, financial stability, and ability to provide care. If no suitable family members step forward, social services may place the child in foster care while a long-term guardian is decided.

Family disputes are common in these situations, since multiple relatives may believe they are the best choice for guardianship. This can lead to lengthy legal proceedings, so it is wise to have a Will in place that accounts for the care of your children. 

What About Debts and Taxes?

When someone dies intestate, their debts and taxes must be settled before any inheritance is distributed. The estate administrator, as governed by the law, must use the deceased’s assets to pay any outstanding debts, such as mortgages, loans, or credit cards. If any IHT is applicable, this will be deducted from the value of the estate.

If the estate lacks sufficient funds, any debt will be paid in priority order, meaning some creditors may not receive full payment. Beneficiaries, however, do not inherit debts unless they are jointly liable for them, such as a shared bank account.  

What Happens to a Bank Account When Someone Dies Without a Will?

When someone dies intestate, what happens to their bank account depends on how it was held. For example:

• If the account was jointly held, ownership typically passes automatically to the surviving account holder under the “right of survivorship”.
• If the account was solely in the deceased's name, it is frozen until the estate is settled. The bank will only release funds once an administrator is appointed and granted the Letters of Administration.
• Before probate, banks may release funds to cover essential expenses, such as funeral costs or inheritance tax. Otherwise, the money remains part of the estate and is distributed according to intestacy laws.

What Is an Intestacy Deed of Variation?

A deed of variation is a legal document that allows beneficiaries to redirect their inheritance under a Will (if present) or under the intestacy rules (if there is no Will). 

For example, new beneficiaries could be added, or the distribution of assets may be changed to reduce IHT liability. However, for it to be legally binding, all parties must comply with the changes by signing and witnessing the document. 

It’s also worth noting that beneficiaries can only redirect their entitlement under the Will. For example, if they are entitled to 25% of an estate, they can request to redirect that 25% but no more.

The Risks and Consequences of Dying Without a Will

As highlighted throughout, there are many legal, financial, and emotional consequences of dying without a valid Will. As a recap, let’s look into what these are:

• Family Disputes & Legal Battles: Family members may not agree about how the estate is distributed, creating conflict and costly court disputes. 
• Delays in Probate: Without a Will, the probate process and distribution of estate are significantly held up, meaning the family won’t inherit assets as quickly, and legal costs may rise. 
• Incorrect Distribution: Beneficiaries may receive assets which you may have preferred they did not. Others may not receive what they feel they should have from earlier discussions and promises.
• Financial Hardship for Dependents: Assets are frozen until the estate is settled, delaying access to funds. Also, unmarried partners or other dependents may not inherit, leaving them without financial support. 

The Importance of Writing a Will

We encourage every adult to have a professionally written Will, regardless of age or wealth. This is because, unfortunately, the worst can happen at any time, and this could leave your wealth and the financial future of loved ones at risk; a valid Will offers a vital layer of protection. It is also important to keep this document up-to-date, otherwise, partial intestacy may occur. 

If you need assistance in creating a legally robust Will that accounts for all your wishes, Culver Law’s team of friendly solicitors at our London and Cambridge offices are here to help. For a FREE, no-obligation consultation, please get in touch with a member of our Wills & Probates team today to ask any questions and discuss your needs.

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