What If There's No Will (Intestacy Rules)
What happens if someone dies without a will?
UK intestacy rules determine inheritance. Spouse with children gets £322K + half remainder; children share other half. Spouse without children inherits entire estate. No spouse: children inherit equally, then parents, siblings, grandparents. Unmarried partners get nothing automatically (can claim via court—expensive). Need Letters of Administration (form PA1A, £273 fee).
- Spouse with children: Gets £322k + half remainder; children share other half
- Spouse without children: Inherits entire estate
- No spouse: Children inherit equally; if no children, goes to parents → siblings → grandparents
- Unmarried partners: Get nothing automatically (can claim via court—expensive)
- Letters of Administration: Form PA1A, £300 fee, similar to probate process
- No relatives: Estate passes to Crown (bona vacantia)
Have more questions on UK death administration? Let Farra help.
Dying Without a Will (Intestate)
When someone dies without a valid will in the UK, they are said to have died "intestate". The law determines who inherits their estate through intestacy rules.
Who Inherits Under Intestacy Rules?
Married/Civil Partner with Children
- Spouse/partner gets: All personal property and first £322,000
- Spouse/partner gets: Half of anything above £322,000
- Children share: Other half of anything above £322,000
Married/Civil Partner, No Children
Spouse/civil partner inherits entire estate
Unmarried with Children
Children inherit entire estate in equal shares
No Spouse or Children
Estate passes in order to: parents, siblings, grandparents, aunts/uncles
Who Cannot Inherit?
Under UK intestacy rules, the following cannot automatically inherit:
- Unmarried partners (cohabitants) - may claim via Inheritance Act
- Stepchildren (unless legally adopted)
- Friends
- Carers
- Charities
Applying for Letters of Administration
Without a will, you need "Letters of Administration" instead of probate. The process is similar:
- Value the estate
- Apply to probate registry
- Complete form PA1A (not PA1P)
- Pay application fee (£300 if estate over £5,000)
- Swear an oath
- Receive grant of letters of administration
Important Points
- • Intestacy rules are rigid - no flexibility for personal wishes
- • Unmarried partners may be able to claim through court
- • If no relatives found, estate goes to the Crown
- • Process takes longer than with a will
- • Consider making a will to avoid these complications
Frequently Asked Questions
What happens if someone dies without a will in the UK?
When someone dies without a will (intestate), UK law determines who inherits through intestacy rules. If married with children, the spouse gets personal property and first £322,000, plus half of anything above that amount. Children share the other half. The process takes longer than with a will and offers no flexibility for personal wishes.
Can unmarried partners inherit under intestacy rules?
No, unmarried partners (cohabitants) cannot inherit under intestacy rules, even after decades together. Only married spouses or civil partners have automatic inheritance rights. Unmarried partners can make a claim through court under the Inheritance Act, but this is costly, time-consuming, and not guaranteed.
How much does a spouse inherit if there are children?
If married with children, the spouse inherits all personal possessions and the first £322,000 of the estate. Anything above £322,000 is split 50/50 between the spouse and children. If the estate is worth £322,000 or less, the spouse inherits everything and children get nothing until the spouse dies.
What is Letters of Administration and how is it different from probate?
Letters of Administration is the legal authority to deal with an estate when there's no will, equivalent to probate (which applies when there is a will). You apply using form PA1A instead of PA1P, pay the same £300 fee if the estate exceeds £5,000, and the process takes the same time but is often more complex without a will's clear instructions.
Do stepchildren inherit if there's no will?
No, stepchildren cannot inherit under intestacy rules unless they were legally adopted. Only biological children, adopted children, and children from previous relationships of the deceased can inherit. This is one of many reasons why making a will is important for blended families.
What happens to the estate if there are no living relatives?
If no relatives can be found (no spouse, children, parents, siblings, grandparents, aunts, uncles, or their descendants), the estate passes to the Crown as 'bona vacantia'. The Treasury Solicitor administers it. People with a moral claim can sometimes make an application for a discretionary payment.
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