Clear Guidance When No Will Is in Place.
If a person dies without leaving a valid Will, they are said to have died intestate. In such circumstances, their estate is distributed in accordance with the Rules of Intestacy under the Administration of Estates Act 1925 (as amended).
To administer the estate, a Grant of Letters of Administration is required. This grant authorises an administrator to deal with the deceased’s assets and ensure they are distributed correctly.
Rules of Intestacy in England and Wales
The Rules of Intestacy determine how an estate is distributed where no valid Will exists. The position can be summarised as follows:
If the deceased is survived by:
Spouse or civil partner, but no children
Spouse or civil partner and children
Children, no spouse or civil partner
Parents (no spouse/civil partner or children)
Siblings (no closer relatives)
More distant relatives
No relative - the state(The Crown)
Important Considerations
Only legally recognised relatives are entitled to inherit under the Rules of Intestacy. Unmarried partners, cohabitees, stepchildren, and friends do not automatically inherit, regardless of the nature or duration of the relationship.
However, certain individuals may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they have not been adequately provided for.
Deceased Domiciled Outside England and Wales
Where a person dies domiciled outside England and Wales, different rules may apply:
Immovable property (such as land or buildings) located in England and Wales is governed by local law
Movable assets (such as bank accounts and shares) are generally distributed according to the law of the deceased’s country of domicile
This means that, in some cases, more than one legal system may apply to the administration and distribution of the estate.
At TM Solicitors, we provide clear, practical advice to administrators and families dealing with intestacy. We guide clients through each stage of the process, ensuring estates are administered efficiently, in full compliance with the law, and with minimal risk of dispute.