Intestacy

If your loved one died without a Will, you’ll need a Grant of Letters of Administration before you can manage their estate. This legal document:

• Gives you authority to deal with the deceased’s assets
• Is required for property sales and most financial transactions
• Can only be obtained by specific family members in a set order
• May be needed even if you’re the surviving spouse

The process of obtaining this grant follows strict rules about who can apply. Priority typically goes to the closest living relative in this order:

1. Surviving spouse or civil partner
2. Children (if aged 18 or over)
3. Parents
4. Siblings

Even as a surviving spouse, you can’t access or distribute estate assets until this grant is obtained. We can help you understand whether you need this document and guide you through the application process.

The rules of intestacy set out a clear order of who can inherit. This might not align with what your loved one would have wanted. Key points to understand:

• Married partners or civil partners don’t automatically inherit everything
• Unmarried partners have no automatic rights to inherit
• Children’s rights depend on various factors, including the estate’s value
• More distant relatives may inherit if there are no closer family members

If there’s a surviving spouse or civil partner

When there’s a surviving spouse or civil partner:

• They inherit all personal possessions
• They receive the first £322,000 of the estate (as of December 2024)
• If there are surviving children, the spouse receives half of anything above £322,000
• The remaining half passes to the children equally
• If there are no children, the spouse inherits the entire estate

If there’s no surviving spouse or civil partner

The estate passes in this strict order:

1. Children or their descendants
2. Parents
3. Brothers and sisters (or their children)
4. Half-brothers and half-sisters (or their children)
5. Grandparents
6. Aunts and uncles (or their children)
7. Half-aunts and half-uncles (or their children)

Important considerations

• Adopted children have the same rights as biological children
• Children inherit equally between them
• If a child has died, their share passes to their children
• The estate may need to be divided between multiple family members
• More distant relatives only inherit if there are no surviving closer relatives
• If no relatives can be found, the estate passes to the Crown

If you lived with your partner but weren’t married or in a civil partnership, your rights under intestacy are limited:

• You won’t automatically inherit from your partner’s estate
• Joint property ownership affects what happens to the home
• The type of property ownership (joint tenants vs tenants in common) is crucial
• You may need legal advice to understand your options

Property ownership implications

The type of property ownership affects what happens to the home:

Joint Tenants:

• Property passes automatically to the surviving owner
• This happens outside of the intestacy rules
• No inheritance tax spouse exemption applies
• The survivor may face unexpected tax bills

Tenants in Common:

• The deceased’s share forms part of their estate
• It passes according to intestacy rules
• The survivor may need to buy out other beneficiaries
• The property might need to be sold

Practical steps for unmarried partners

If you’re an unmarried partner, you may be able to:

• Make a claim under the Inheritance Act 1975
• Negotiate with the legal beneficiaries
• Seek a deed of variation if beneficiaries agree
• Apply for financial provision if you were dependent on the deceased

Financial considerations

• Consider whether you can afford to stay in the property
• Review any joint financial commitments
• Check life insurance policies and their beneficiaries
• Assess pension and death-in-service benefits

When beneficiaries are under 18, additional complications arise:

• Their inheritance must be held in trust until they turn 18
• Special arrangements may be needed for estate management
• Tax implications need careful consideration
• Family dynamics require sensitive handling

Special considerations

Additional complications may arise when:

• There are multiple young beneficiaries
• The estate includes property
• Business interests are involved
• There are complex family dynamics
• Educational needs must be met

Role of trustees

Trustees have specific responsibilities:

• Acting in the beneficiaries’ best interests
• Making appropriate investment decisions
• Maintaining proper accounts
• Filing tax returns
• Considering maintenance payments
• Planning for future distribution