Death in the Absence of a will

What Happens if Someone dies Without Making a will?

If someone dies without leaving a will they are deemed to have died intestate. The process for settling their affairs is the same as applying for probate.

The person who will apply (known as the Administrator) is the next of kin as opposed to the Executor named in the Will i.e. spouse, civil partner, child. The responsibilities of the Administrator are the same as an Executor.

So, who inherits if someone dies without making a Will?

For deaths after 26th July 2023, if the deceased was married or in a civil partnership with issue (i.e. children, grandchildren etc.), the spouse or civil partner will receive:

• all personal items;
• the first £322,000 of the estate outright as a legacy; and
• half of the remainder (known as the residuary estate)

The other half of the residuary estate will be divided equally between the surviving issue. If the deceased was married or in a civil partnership without issue, the spouse or civil partner will inherit the whole estate.

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If the deceased was unmarried and not in a civil partnership, then the following will inherit in order of priority:

1. Surviving children or their descendants (including legally adopted children)
2. Surviving parents
3. Surviving siblings or their descendants
4. Surviving half siblings or their descendants
5. Surviving grandparents
6. Surviving aunts or uncles or their descendants
7. Surviving half aunts or uncles or their descendant
8. If there are no surviving relatives who can inherit under the rules of intestacy, the estate passes to the Crown.

A Deed of Variation can be prepared to vary the intestacy rules to tailor to the needs of the family (providing the family members are in agreement).

Making a will

There are different types of Wills and Trust Wills available and the one that is right for you will depend on your individual circumstances.

Premier Solicitors are here to discuss your individual circumstances and help you decide which is the right will for you - call our wills team today for advice as well as a no obligation quote on 01234 358080 (option 2).

Alternatively, complete our online questionnaire (click here) and a member of the Premier Solicitors' Will Drafting Team will contact you and shall provide you with a quote before commencing any work. If you are happy with the quote we shall draft and send to you your draft Will within 2 weeks of receipt of your full instructions. On receipt of your draft Will(s) simply check that your wishes have been reflected and call us to approve your draft Will(s) or to make any amendments. We will then prepare a final version for you to sign. If you live locally to our Bedford Head Office, we recommend that you come into the office to sign your Will. Otherwise, we can post your finalised Will out to you for you to sign at home.

Why should you use Premier Solicitors to make your Will?

We will store your Will for life, for free;
We will get in touch with you every 5 years to make sure nothing has changed;
We give you one point of contact so that you have a direct dial and email address of only one person; and
We are fully regulated by the Solicitors Regulation Authority (SRA regulation No. 668813)