Rules of intestacy – what happens to a person’s estate if they die without a will?

What does it mean to die ‘intestate’?

To die intestate means a person passes away without leaving a valid will to direct how their estate should be distributed. In such cases, the estate will be divided according to the rules of intestacy outlined in section 46 of the Administration of Estates Act 1925. However, this can lead to complications, especially when certain individuals who were dependent on the deceased or in a relationship with them expect to inherit. Dying intestate significantly limits the ability to honour the personal wishes of the deceased, leading to potential estate disputes and contested probate.

You can also use our simple flowchart to see how the rules of intestacy apply to your situation.

What are the risks of dying intestate?

There are several risks involved with dying intestate, particularly inheritance disputes. Most notable risks include:

Loss of control:

Without a will, the estate will be distributed in accordance with the intestacy rules, leaving no room for personal decisions regarding the distribution of assets. This can result in unintended consequences where certain individuals are excluded from the will or not provided for in the way the deceased intended.

Disputes amongst family members:

Unmarried couples, stepchildren, friends and other dependants do not automatically inherit under the intestacy rules which can cause conflict where people feel entitled or there is an understanding that the deceased wished for them to inherit. Whilst it is not possible to bring a will dispute or contest a will in these scenarios, it is possible to bring a claim against the estate which can lead to difficulties amongst families.

Unintended beneficiaries:

The deceased may have been estranged from their family and wished only friends to inherit, but without leaving a will the estate will not pass how the deceased may have intended.

Delays and expenses:

Whilst the Probate Registry do not expect an application for Letters of Administration to take any longer than applications for a Grant of Probate, the process before can be time consuming as the family will need to identify the correct person to make the application. Delays can also be caused by the disputes mentioned above, particularly beneficiaries disputes.

Guardianship issues:

If the deceased leaves behind minor children, it falls to the court to appoint a guardian for the children. More on this topic can be found in the article on ‘Guardianship provisions in wills’ found here.

Tax implications:

Our Private Client team offer a whole host of intricate advice to clients on estate planning, where advice has not been sought, followed and considered through the drafting of a will, there can be adverse tax implications.

Claims that can be made on intestate estates

Where someone dies intestate and their estate is distributed following the intestacy rules set out above, there may be parties that feel they have not been adequately provided for and may seek to bring a Inheritance (Provision for Family and Dependants) Act 1975 claim.

A commonly seen scenario in our Disputed Wills, Trusts and Estates team is in relation to common-law marriages where couples have cohabited or been in a relationship for a considerable length of time and expect to inherit when their partner dies. However, under the intestacy rules no provision is left for the surviving cohabiting partner and they are often left spending money bringing a claim against the estate which can be a lengthy and emotional process. Similarly, when stepchildren of the deceased have been treated as a child of the family, they may bring a child inheritance claim if they were dependent on this inheritance.

More information on Inheritance (Provision for Family and Dependants) Act 1975 claims can be found here.

Administrator responsibilities can be another significant challenge when someone dies intestate. Whilst the administrators are not appointed by a will in the same way an executor would be, they have the same responsibilities and duties to ensure the estate is administered properly. In cases of contested probate or when a dispute among administrators arises, these requirements can come under great scrutiny. Administrators may face will disputes, inheritance claims, or even removal applications; these are all scenarios where guidance from a qualified contentious probate solicitor should be obtained.

How we can help

Firstly, if you are reading this and do not have a will, we can connect you with our Private Client team today to discuss the preparation of a will and any necessary estate planning.

If you find yourself in the unfortunate situation of a loved one passing away intestate and require assistance with the administration of the estate, our Private Client team is here to help.

In cases where a loved one has died intestate and you need to defend or bring a claim, our Disputed Wills, Trusts and Estates team would be pleased to assist you.

You can also use our simple flowchart to see how the rules of intestacy apply to your situation.