What happens if a loved one dies without a Will?
When a loved one dies without leaving a valid Will, what is a deeply emotional time can become complex and overwhelming. If you’re facing this situation and wondering how to manage what they have left behind, it’s important to understand how the law works, what steps you may need to take, and where to find support during this difficult time.
What does “dying intestate” mean?
When someone dies without a valid Will, they are said to have died intestate. This means there are no legal instructions about how their estate should be shared, including no named executors, no specific gifts, and no guidance on personal wishes.
When this happens, the estate is distributed according to the rules of intestacy, which is a strict process set out in law. These rules generally won’t reflect what the person might have wanted or account for complex family dynamics, and may cause further complications at a difficult time.
Who can deal with the estate?
If there isn’t a Will, it means an executor hasn’t been appointed. In this case, a close relative, like a spouse, civil partner, or adult child, must apply to the Probate Registry for the right to act, called a Letter of Administration.
This grants them the authority to:
- Access the deceased’s bank accounts and investments, and manage any property
- Settle outstanding debts
- Collect and value the assets, and
- Distribute the estate according to the intestacy rules.
This person is known as the administrator and has similar responsibilities to an executor, but without guidance from a Will.
How is the estate distributed?
Under the rules of intestacy, only certain relatives are entitled to inherit what the deceased has left behind. The current rules outline that:
- If the person who has died was married or in a civil partnership and has children, the spouse or partner receives the first £322,000 of the estate plus all their personal possessions, and half of the remaining estate. The other half is shared equally between the children.
- If there are no children, the whole estate passes to the spouse or civil partner.
- If there’s no spouse or civil partner the estate goes to other relatives in a strict order of priority e.g. children, parents, siblings, nieces/nephews.
Unmarried partners, even if they lived together for many years, have no automatic legal right to inherit under the intestacy rules. Equally, stepchildren and close friends will not be entitled to receive anything.
Common challenges when there’s no Will
Dying without a will can create practical and emotional challenges for those who are left behind.
Common issues when a loved one dies without leaving a Will include:
- Inheritance disputes – Issues between family members and close friends may arise if the outcomes are as not as expected
- Financial strain for unmarried partners – If the family home was solely owned by the person who has died, the surviving partner may not have any legal entitlement to remain living in it
- Delays in accessing funds – You will not be able to sell any properties that have been left behind, nor cash in or transfer investments, until the Court has granted you permission. This process will be substantially delayed if the deceased did not leave a valid Will, and more so if the estate is large or complex.
- Claims under the Inheritance Act – People who were financially dependent on the deceased may be left in financial difficulties. They will need to send a claim to the Court for the right to receive an inheritance, a process which can be lengthy and cause additional stress at a difficult time.
Practical steps you can take
If a loved one has died without a Will, there are some practical steps you can take to ease the stress.
- Register the death and get copies of the death certificate
- Find out if there is a Will, which may be held by a Solicitor, bank, or in safe deposit box
- Apply for Letters of Administration
- Contact a probate Solicitor to help manage the process. You may wish to consider appointing a Solicitor local to you in Marlow or Oxfordshire, since the process is still heavily reliant on paperwork and face-to-face contact may be more helpful.
- Reach out to family, friends, or bereavement charities for emotional support
Why making a Will is important
While this article focuses on what happens when there isn’t a Will, it’s also a gentle reminder of the importance of having one in place. Making a Will means you get to decide exactly who benefits from your estate, appoint guardians for children, make gifts or charitable donations, and reduce the risk of conflict between family members.
Property, assets, and family relationships can be complex, and a well-drafted Will is one of the most thoughtful and practical legacies you can leave.
Losing someone close to you is never easy, and dealing with legal matters can feel like an added burden. If you’re navigating the probate process without a Will, The Burnside Partnership is here to help.
Whether you’re in Oxford, Marlow, or the surrounding areas like Abingdon or Bisham, working with a compassionate legal team can ease the pressure, ensure the estate is handled correctly, and give you space to focus on remembering your loved one.
For more information please contact our legal advisor Bethan Chant.