Losing someone you care about is never easy. And when there’s no Will in place, the emotional strain can quickly be joined by confusion, complexity, and difficult decisions. This situation is known as dying intestate, and it means the law, not the person’s wishes, decides what happens next.
In this article, we’ll explain what happens when someone dies without a Will in the UK. It’s here to help you understand your next steps, whether you’re dealing with a loved one’s estate or thinking about putting your own affairs in order. We’ll cover the legal process, who inherits what, and what you can do to make things easier for your family in the future.
What does it mean to die intestate?
To die intestate simply means dying without a valid Will. A Will is a legal document that lets you decide what happens to your money, property, possessions, and dependants when you die.
If there’s no Will, or if the Will isn’t legally valid, UK law uses a fixed set of rules — called intestacy rules — to decide how everything is divided. This can be very different from what the person might have wanted, especially in modern families where relationships can be complex.
So even though it’s often a hard conversation to have, knowing what intestacy means can help you navigate this situation with more confidence or avoid it altogether.
What are the intestacy rules in England and Wales?
The rules around who inherits when someone dies without a Will aren’t the same across the UK. Each nation has its own legal system, so the rules in England and Wales are different from those in Scotland or Northern Ireland.
Who inherits if there’s no Will?
In England and Wales, the law sets out a strict order for who can inherit from someone who dies intestate. It depends on who’s still alive in the family and what their relationship is to the person who has died.
If the person was married or in a civil partnership:
- With no children: The husband, wife or civil partner inherits everything.
- With children: The partner gets all the personal belongings, the first £322,000 of the estate, and half of whatever is left. The other half goes to the children, shared equally between them.
If there is no surviving husband, wife or civil partner:
The estate passes down this list, in order, until someone is found:
- Children – including adopted children and children born outside of marriage. Stepchildren and foster children are not included.
- Grandchildren or great-grandchildren, if the person’s own children have already died.
- Parents – if there are no children or grandchildren.
- Siblings (brothers and sisters who share both parents), or their children if they’ve died.
- Half-siblings (sharing one parent), or their children.
- Grandparents
- Aunts and uncles (on both sides), or their children.
- Half aunts and uncles, or their children.
If no one in the family is found, the estate goes to the government — either the Crown, the Duchy of Lancaster or the Duchy of Cornwall, depending on where the person lived. These are called bona vacantia estates and are listed on a public register of unclaimed estates.
What about children under 18?
If a child inherits but is under 18, their share is normally held in trust until they reach adulthood. If they die before they inherit, their share is passed on to the next person in line.
What if the person lived in Scotland or Northern Ireland?
The intestacy rules are different in Scotland and Northern Ireland. While they also follow a family-based order, the details — like what a surviving spouse is entitled to or whether stepchildren can inherit — vary. For example, Scotland has a system of prior rights and legal rights that work differently from the fixed amounts used in England and Wales.
If you're dealing with an estate in one of those nations, it's important to check the specific rules or speak to a solicitor with local expertise.
Who is in charge of sorting everything out?
When someone has written a Will, they usually name one or more people to carry out their wishes — these are called executors.
If there’s no Will, there’s no named executor. Instead, someone has to apply to become the administrator of the estate. This is usually the closest living relative, such as a spouse, adult child, or sibling. Once approved, they’ll receive letters of administration, giving them the legal right to manage the estate.
The administrator’s role is similar to that of an executor. They’ll need to:
- Collect information about the person’s assets and debts
- Notify banks, government departments, and other organisations
- Apply for probate (or letters of administration)
- Pay any outstanding debts and taxes
- Distribute what’s left according to intestacy rules
It’s a significant responsibility and can feel overwhelming, especially when someone’s grieving. There is support available — from solicitors, charities, and government services — and you don’t have to go through it alone. And if you're not sure where to start when someone dies, our free guide is here to help.
What happens to children if there’s no Will?
If the person who died was a parent to children under 18, the absence of a Will can create particular difficulties.
A Will is the only place where someone can legally name guardians — people they trust to take on the responsibility of raising their children if both parents die. Without that clear instruction, the decision will be made by the family court.
The court will try to act in the best interests of the child, but this can lead to uncertainty, delay, and even disputes if different family members have different views. And if no suitable guardian can be found, the child could be placed in temporary foster care while decisions are made.
How long does probate take without a Will?
Sorting out someone’s estate can take time, even when there is a Will. But probate without a Will (more accurately called applying for letters of administration) can add extra delays.
Here’s why:
- There’s no named executor, so time is needed to establish who has the legal right to apply
- Additional documents may be needed to prove relationships
- Without clear instructions, there may be confusion or disputes over what the person would have wanted
In general, you can expect the process to take between 6 and 12 months, depending on the complexity of the estate. If there are disagreements or missing information, it can take even longer.
While waiting, access to the person’s bank accounts and assets is usually frozen. This can create financial stress, especially if there are funeral costs or household bills to manage.
Conflicts when someone dies without a Will
Without a Will, even close families can find themselves in difficult situations. Some common sources of conflict include:
- Disagreements about who should apply to be the administrator
- Arguments over what the deceased would have wanted
- Feelings of unfairness when the legal rules exclude someone close
These disagreements can be deeply emotional. It’s not just about money — it’s about recognition, relationships, and grief.
If you’re facing this kind of situation, you’re not alone. Mediation can sometimes help families reach a compromise. In more serious cases, it may be necessary to seek legal advice or settle disputes through the courts.
The earlier these conversations happen, the better. And if you’re reading this while thinking about your own plans, a Will is one of the simplest ways to reduce the risk of family conflict after you’re gone.
Can this all be avoided?
Many of the complications of intestacy can be avoided by writing a Will.
A Will gives you control. It lets you:
- Choose who inherits what
- Make provisions for children or dependants
- Leave gifts to friends or charities
- Appoint guardians and executors you trust
- Spare your loved ones from guesswork and stress
It’s a personal document, and it doesn’t have to be complicated or expensive. For many people, a simple Will is enough to make their wishes clear and ensure those they care about are protected.
It’s never too early to think about the future. And making a Will is one of the most caring, thoughtful steps you can take.
