Intestacy Solicitors

What Happens When Someone Is Deceased Without a Will?

Intestacy occurs when a person dies without a valid Will, or their Will does not cover the whole estate. In England and Wales, the Administration of Estates Act 1925 (as amended) sets out a fixed legal order determining who inherits and in what proportions, with no regard for personal wishes, unmarried partners, or blended families.

Who Inherits Under the Intestacy Rules?

The rules apply to the net estate, everything owned solely by the deceased after debts are settled; jointly owned assets usually pass automatically to the surviving joint owner instead. Where there is a surviving spouse or civil partner and children, the spouse receives personal possessions, a statutory legacy of £322,000 under the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 (effective 26 July 2023), plus half of anything remaining; the children share the other half. With no children, the spouse inherits everything. With no spouse, the estate passes to children, then parents, then siblings, then half-siblings, grandparents, and aunts and uncles in order. Unmarried partners, cohabiting partners and stepchildren inherit nothing automatically.

Intestacy Services We Offer

Whatever stage you are at with an intestate estate, we offer clear, practical advice tailored to your situation.

Advising Families on the Rules

“My dad died and didn’t leave a Will — what happens now?” is where most conversations start. We explain how the rules apply to your specific family so there are no unexpected surprises.

Letters of Administration

There is no executor under intestacy, so an entitled person applies to the Probate Registry for Letters of Administration instead, giving them authority to deal with assets, settle debts and distribute the estate. We manage the application in full.

Administering an Intestate Estate

From identifying assets and liabilities to settling tax and distributing what remains, we manage each stage methodically and keep the administrator informed.

Claims by Unmarried Partners and Dependants

“We lived together for years but were never married — do I get anything?” Not automatically. If you were financially dependent on the deceased, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. Our contentious team advise on the merits of such claims and represent clients through negotiation or court proceedings.

Deed of Variation

Beneficiaries under intestacy can agree to redirect some or all of their entitlement to someone else, including a person who would otherwise inherit nothing. Completed within two years of death, a deed of variation is treated as made by the deceased for Inheritance Tax purposes. We draft these carefully to achieve the intended outcome.

Tracing Missing Beneficiaries

Where a family tree is unclear or incomplete, we work with specialist genealogists and advise administrators on protecting themselves from later claims if a beneficiary cannot be found.

How the Process Works

Administering an estate under the intestacy rules follows a clear sequence, even without a Will to guide it.

1. Identifying entitlement: We confirm who has priority to apply for Letters of Administration under the intestacy rules.
2. Application: We prepare and submit the application to the Probate Registry.
3. Collecting the estate: We identify, value and collect in assets, and settle debts and any Inheritance Tax due.
4. Distribution: We distribute the estate strictly according to the intestacy rules and prepare full estate accounts.

Why Choose Nelsons for Intestacy Advice

Families dealing with intestacy choose Nelsons for a few clear reasons.

• Helen Salisbury, Partner, a full STEP member and Legal 500 Recommended Lawyer, has advised on estate administration, including intestacy, since 2009.
• Recognised by The Legal 500 for Private Client work across the East Midlands.
• Experience tracing beneficiaries and handling unusual intestate estates, not just straightforward ones.
• Clear, upfront guidance on what you are, and are not, entitled to under the rules.

Get Started

Call 0800 024 1976 or contact us via our online enquiry form. Offices in Derby, Leicester and Nottingham.