What if you do not make a Will?

Bad effects of intestacy

• Without a Will, an administrator — usually the closest entitled relative — must apply for a Grant of Letters of Administration rather than a Grant of Probate. This is more complicated, and takes longer.
• The State, not you, decides who gets your property.
• If you leave young children, there is no guidance as to who should care for them.

When someone dies without a valid Will, their estate is distributed according to the intestacy rules under the Administration of Estates Act 1925 (as amended).

1. Surviving spouse or civil partner

2. If there is no surviving spouse or civil partner

The estate passes in this strict order, moving to the next category only if no one qualifies in the category above:

1. Children

   Or their descendants, if a child has died before the deceased.

2. Parents

3. Siblings (full blood)

   Or their children, if a sibling has died before the deceased.

4. Half-siblings

   Or their children, if a half-sibling has died before the deceased.

5. Grandparents

6. Uncles and aunts (full blood)

   Or their children, if they have died before the deceased.

7. Half-uncles and half-aunts

   Or their children, if they have died before the deceased.

8. The Crown

   Bona vacantia — if no qualifying relatives can be found.

Key points

• Cohabiting partners (unmarried) have no automatic entitlement under intestacy, regardless of how long they lived together. They may need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — see Get Married.
• Divorced former spouses receive nothing.
• Separated spouses — still legally married — do still inherit.
• Children includes adopted children and children born outside marriage, but not stepchildren. DNA evidence can also cause difficulties if a child is shown not to be the child of a deceased father — see Difficulties, dangers & quirks.
• Children inherit at age 18 (or on earlier marriage or civil partnership). Until then, their share is held on trust.