What If There's No Will (Intestacy Rules)
Dying Without a Will (Intestate)
When someone dies without a valid will in the UK, they are said to have died "intestate". The law determines who inherits their estate through intestacy rules.
Who Inherits Under Intestacy Rules?
Married/Civil Partner with Children
- Spouse/partner gets: All personal property and first £322,000
- Spouse/partner gets: Half of anything above £322,000
- Children share: Other half of anything above £322,000
Married/Civil Partner, No Children
Spouse/civil partner inherits entire estate
Unmarried with Children
Children inherit entire estate in equal shares
No Spouse or Children
Estate passes in order to: parents, siblings, grandparents, aunts/uncles
Who Cannot Inherit?
- Unmarried partners (cohabitants)
- Stepchildren (unless legally adopted)
- Friends
- Carers
- Charities
Applying for Letters of Administration
Without a will, you need "Letters of Administration" instead of probate. The process is similar:
- Value the estate
- Apply to probate registry
- Complete form PA1A (not PA1P)
- Pay application fee (£300 if estate over £5,000)
- Swear an oath
- Receive grant of letters of administration
Important Points
- • Intestacy rules are rigid - no flexibility for personal wishes
- • Unmarried partners may be able to claim through court
- • If no relatives found, estate goes to the Crown
- • Process takes longer than with a will
- • Consider making a will to avoid these complications
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