When a person dies without a Will, they are said to die ‘intestate’. Regardless of whether a person dies intestate or with a Will, their property still has to be dealt with and affairs settled. This legal process is known as probate and is carried out by the Executor/s if there is a Will and administrators if there is not.

Handling a loved one’s estate can be complex and overwhelming, especially when the deceased did not leave a Will, but our expert team at Lewis Nedas Law are able to guide you through this. Certain differences arise in this process, and these gaps are filled in by the law and outlined below.

Entitled person

In absence of a Will, the so-called most ‘entitled’ person can apply to administer the estate. This is generally the deceased’s closest (living) relative. At the top of the list would be the spouse/civil partner of the deceased, followed by any children aged 18 and older. After this, the list continues as such:

• living parents
• siblings
• grandparents
• aunts/uncles

It should be noted that the list does not include step-children but does include legally adopted children.

What if we weren’t married?

If you are the partner of the deceased rather than their civil partner or spouse, you will not be included in the list of closest relatives able to apply to administer the estate. Here, the law does not recognise a partner as equal to a spouse or civil partner.

What are the inheritance rules if there is no Will?

When there is no Will, the law decides who inherits from the deceased’s property under what is known as the ‘intestacy rules’. These intestacy rules apply no matter what the deceased’s intentions and wishes may have been. Receiving professional help to create a Will ensures the division of your estate is exactly how you would like.

Married and civil partners

In cases where the deceased was married or in a civil partnership:

• the surviving spouse/civil partner will inherit the entire estate if the deceased had no children
• if the deceased had children, the spouse/civil partner will receive the first £270,000 of the estate, all of the deceased’s personal possessions, and half of the remainder of the estate. The remaining half will go to the deceased’s children.

Descendents of the deceased

If the deceased was not married or in a civil partnership but did have children, the children will inherit the entire estate. Should the deceased have no surviving children, any grandchildren would inherit in place of their parents.

Other relatives of the deceased

Beyond spouses, civil partners, and children/grandchildren, the order of who inherits the estate of someone who dies intestate looks like:

• parents
• siblings
• grandparents
• aunts/uncles

This is the same as who may apply to administer the estate. The list reflects the closeness in relation between the deceased and those who will inherit under the intestacy rules.

Points to note regarding the intestacy rules

Firstly, unmarried partners who are also not in a civil partnership cannot inherit under the intestacy rules. Similarly, step-children are not included in the definition of children here, but legally adopted children are.

Secondly, if you have no Will and no surviving relatives to inherit your estate under the intestacy rules, all of your estate will pass to the Crown. This may be one very important reason to consider creating a Will if you wish for your estate to pass to someone who would not be automatically entitled.

Thirdly, a loved one who cannot inherit under the intestacy rules may be able to claim for reasonable financial provision, however it’s worth noting that there are no guarantees.

As discussed, there can be a multitude of people that you wish to inherit your estate who are not covered by intestacy rules (such as friends and partners), but charities that are close to your heart can also miss out on potential inheritance if you died intestate. It’s important to note that even if the people that you wish are entitled to your estate, the intestacy rules are very rigid, and each person who inherits under them may not receive as much as you would like them to.

Contact our Probate Lawyers in Central London today

Applying for probate and dealing with an intestate estate of a loved one can prove to be a challenging and demanding time. Our team at Lewis Nedas Law are experienced in these matters. Our wills, trust and probate lawyers can provide expert advice to you and your family – whether you are dealing with an intestate estate or want to discuss making a Will. Contact us on 020 7387 2032 or fill in our online enquiry form.