What Happens if I Die Without a Will?
The loss of a loved one is always a difficult time, which can be exacerbated by the absence of a Will. But what happens if you were to die without a Will?
When someone dies without a Will, they are said to have died intestate. In these circumstances, their estate must be distributed according to the Rules of Intestacy. This means the estate passes to the deceased person’s closest living relatives. All beneficiaries entitled under these rules have equal standing to act as Administrators and handle the estate administration. If there are no living relatives, the estate passes to the Crown.
What are the Rules of Intestacy?
Under current law, if someone dies intestate, i.e. they die without a will, and is married with children, their spouse is only entitled to the first £322,000 of the estate. The remainder is divided, with 50% going to the surviving spouse and the other 50% shared equally among the children. This division may lead to Inheritance Tax implications.
How Does Intestacy Affect Probate and Estate Administration?
In some cases, intestate estates require a paper application to the Probate Registry, rather than an online one. Paper applications tend to take longer, causing delays in the administration process which is something most families prefer to avoid.
Despite the presence or absence of a Will, estates are otherwise handled in the same way: assets and liabilities must be valued, and legal authority to manage the estate must be obtained. However if you were to die without a Will, personal representatives must apply for a Grant of Letters of Administration instead of a Grant of Probate. Both documents serve the same legal function.
What’s the difference between a Grant of Letters of Administration and a Grant of Probate?
A Grant of Probate is issued when the deceased left a valid Will and names executors to who are responsible for managing the estate. A Grant of Letters of Administration is used when there is no Will, and a close relative applies to act as the estate’s administrator. Both documents serve the same legal function, i.e. giving authority to deal with the estate, but are used in different circumstances.
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Frequently Asked Questions
Yes. A Deed of Variation can be used to alter how the estate is distributed, provided all affected parties agree. However, this legal tool has its own implications. For example, it may create a trust and trigger the requirement to register that trust with HMRC.
Dying intestate means passing away without a valid Will in place. In this case, the estate is distributed according to the Rules of Intestacy, which may not reflect the deceased’s wishes. A valid Will allows you to choose your beneficiaries and appoint executors to manage your estate.
No, unmarried partners do not automatically inherit under the Rules of Intestacy, regardless of how long they have been in a relationship. To ensure a cohabiting partner is provided for, it is essential to have a valid Will in place.
The timeframe can vary, but intestate estates often take longer to administer, especially if a paper application to the Probate Registry is required. Delays can also occur when tracing entitled relatives or resolving disputes among potential beneficiaries.
The Rules of Intestacy determine who inherits an estate, but this might not reflect the deceased’s personal wishes. Importantly, the law does not recognise unmarried partners. There is no such status as a “common law spouse” in English law, and as such, cohabiting partners are not entitled to inherit from their partner’s estate unless they are specifically named in a Will.
Expert Legal Support with Intestate Estates
At Edwards Duthie Shamash Solicitors, we have extensive experience in administering intestate estates and guiding families through this often complex process. We approach this with sensitivity and efficiency at what is often a distressing time.
If you don’t yet have a Will or have a Will that needs updating, then please contact us on 020 8514 9000 or complete our online form and one of our expert will writing solicitors will be able to help you.