Intestacy (No Will)

When someone dies without a valid will, they are said to have died "intestate." In England and Wales, the intestacy rules — set out in the Administration of Estates Act 1925 and amended by the Inheritance and Trustees' Powers Act 2014 — determine who is entitled to administer and inherit from the estate. These rules apply regardless of the deceased's wishes or the nature of their relationships.

The intestacy rules prioritise spouses and civil partners, followed by children, parents, siblings, and more distant relatives. A surviving spouse or civil partner receives the first £322,000 of the estate (the statutory legacy) plus half of the remainder. Children receive the other half of the remainder. If there is no surviving spouse or civil partner, children inherit the entire estate equally.

One of the most significant — and often surprising — aspects of the intestacy rules is that unmarried partners have no automatic right to inherit, regardless of the length of the relationship or whether they lived together. An unmarried partner who is not provided for by the intestacy rules may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this involves court proceedings and is not guaranteed to succeed.

Where there is no will, the person who administers the estate is called an administrator rather than an executor. The administrator applies for letters of administration rather than a grant of probate. The process of administering the estate is broadly the same, but the rules governing who can apply and who inherits are fixed by law.

At PDA Law, our probate solicitors in Chester regularly assist families across Cheshire, North Wales and the Wirral with intestate estates. We can advise on who is entitled to administer and inherit, apply for letters of administration on your behalf, and manage the full estate administration. Call us on 01244 757 352 for a confidential initial discussion.