If an individual dies without having a valid will in place, which is called ‘dying intestate,’ it can be complicated to figure out who is responsible for their estate and how to deal with their assets.
Here is a short guide to dealing with property and money when someone passes away without a will in place, according to the rules of intestacy:
How do I find out if someone had a valid will?
If you are unsure if a relative had a valid will in place when they passed away, you can search the government’s probate records for their will by using the online service.
The intestacy rules in the UK
The Inheritance and Trustees’ Power Act of 2014 sets out the rules of intestacy for England and Wales. The intestacy rules outline the different ways that assets are divided based on the person’s familial circumstances at the time of death.
- If the person who passed away was married or in a civil partnership, the partner will receive the entire estate.
- If the person had a husband, wife or civil partner and children, the assets including both property and money will be given to the partner, up to a value of £270,000, as well as all personal possessions. The remaining half is divided in half: one half belongs to the partner, and the other half is divided equally between the children. Any children under the age of 18 will receive their inheritance when they turn 18 or when they marry or enter a civil partnership (whichever comes first.)
- If the person who died did not have a spouse or children, the estate will be allocated in this order:
- Parents
- Siblings
- Half siblings
- Grandparents
- Uncles and aunts
- Cousins
- Half uncles and half aunts, and then their children
- If the person who died did not have any living relatives, all assets and money will go to the crown.
It’s also important to note that if the person had a partner but were unmarried or not in a civil partnership, they will not be entitled to the inheritance if a will is not in place.
What needs to be done when a relative dies without a will?
Administering an estate can be complicated even when a proper will is in place, but it is much more difficult when there is no will.
You will first need to apply for a grant of letters of administration in order to have the legal right to administer the estate. You are also required to value their assets, including property, money, life insurance, and pensions, before you can apply for probate.
It’s important to ensure that the assets are distributed correctly according to UK intestacy rules, so it’s often vital for people in this situation to work with a knowledgeable probate solicitor to ensure the estate is handled properly.
With over 25 years of experience in Probate, Scott Rees are one of the best solicitors to work with when dealing with intestacy.
Get in touch for a sympathetic, professional probate service and our team of expert solicitors will guide you through the process as quickly as possible.