Losing a loved one is one of the hardest experiences a family can face. When there’s no Will in place, that pain can be compounded by uncertainty and, in many cases, disagreement among those left behind. Without a Will, strict legal rules determine both who inherits and who takes charge of the estate. These rules don’t always reflect what the family expected, or what the deceased might have wanted.
If you’re in this situation, please know that disputes of this kind are common and can be resolved. Understanding your rights and the options available to you is the first step.
If you’d like advice today, please get in touch with our private wealth disputes team or visit our contentious probate solicitors page for specialist support.
What does it mean to die without a Will (intestate)?
When someone dies without leaving a valid Will, they’re said to have died intestate. Their estate is then distributed according to the Intestacy Rules, set out in the Administration of Estates Act 1925. Partial intestacy arises where a Will exists but doesn’t cover all of the deceased’s assets; that uncovered portion then falls under the Intestacy Rules.
Who inherits under the Intestacy Rules in England and Wales?
The Intestacy Rules set out a strict order of priority. A surviving spouse or civil partner inherits first. Where the deceased also leaves children, the spouse receives all personal possessions and the first £322,000 of the estate outright. Anything above that is divided equally, with half going to the spouse and half shared among the children.
If there’s no surviving spouse, the estate passes to children, then parents, siblings, half-siblings, grandparents, aunts and uncles, and ultimately cousins. Where no qualifying relatives exist, the estate passes to the Crown.
Who is excluded under the Intestacy Rules?
Certain people who might reasonably expect to benefit receive nothing automatically. Unmarried partners are excluded entirely, regardless of how long they lived together. Stepchildren who weren’t legally adopted have no automatic entitlement, and close friends or carers, however devoted, receive nothing either. This is one of the most frequent sources of distress and dispute following an intestacy.
Who has the right to administer the estate?
Where there’s no executor named in a Will, someone must apply to the court for a grant of letters of administration (the legal authority to deal with an intestate estate). Rule 22 of the Non-Contentious Probate Rules 1987 sets out the order of priority, which broadly mirrors the inheritance hierarchy: the spouse or civil partner has first right, followed by children, then other relatives in order of entitlement. The person appointed takes on broadly the same responsibilities as an executor under a Will.
Common causes of family disagreement after an intestacy
Disputes can arise for a range of reasons. Common sources of conflict include:
- Disagreement over who should act as administrator
- Sibling rivalry, particularly where relationships with the deceased were unequal
- A cohabiting partner being left out entirely
- Blended family conflicts involving stepchildren or half-siblings
- Concerns about how the administrator is managing or distributing the estate
- Disputed relationships, for example where someone claims to have been a dependant
How to resolve a dispute over who acts as administrator
If you’re concerned about who’s administering the estate, formal steps are available. You can enter a caveat at the Probate Registry, which prevents a grant of letters of administration from being issued while the dispute is resolved. In more serious cases, you can apply to the court to have a proposed administrator appointed under section 116 of the Senior Courts Act 1981. Where the family can’t agree, the court can appoint a neutral person, such as a solicitor, to act instead.
Can you challenge the distribution under the Intestacy Rules?
If the Intestacy Rules leave you without reasonable financial provision, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. People who can apply include surviving spouses and civil partners, former spouses who haven’t remarried, cohabitees who lived with the deceased for at least two years immediately before their death, children (including adult children), and anyone financially maintained by the deceased. The time limit for bringing a claim is six months from the date the grant of letters of administration is issued, so acting promptly is essential.
Using a deed of variation to redistribute the estate
Where all affected adult beneficiaries agree, they can redirect their entitlements by entering into a deed of variation (a formal document altering how the estate is shared out). This must be completed within two years of the date of death. Done correctly, a deed of variation can also deliver inheritance tax (IHT) and capital gains tax (CGT) advantages, making the estate more tax-efficient for the family as a whole. Unanimous agreement is essential; if one beneficiary objects, the deed can’t proceed.
Mediation and alternative dispute resolution
Before pursuing court proceedings, it’s worth considering mediation or another form of alternative dispute resolution (ADR). These approaches are typically faster, less expensive, and far less damaging to family relationships than litigation. Courts now actively expect parties to attempt ADR before issuing proceedings, and an unjustified refusal to engage can affect how costs are awarded at the end of the case.
When court proceedings become necessary
Sometimes, court action can’t be avoided. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are heard in the Chancery Division of the High Court or the county court, as are applications to remove or pass over an administrator. If you’re facing contentious probate litigation, specialist legal support from the outset is essential.
How can Roythornes help?
Our private wealth disputes team has extensive experience supporting family members, partners, and beneficiaries through intestacy disputes. Whether you’re a cohabiting partner who’s been left out, a sibling concerned about how the estate is being handled, or a beneficiary looking to vary the distribution, we’ll work with you to find the most effective path forward.
Our team is recognised by both Chambers & Partners and The Legal 500. Gavin Faber holds a “Band 1” Chambers ranking and is a Legal 500 “Leading Partner”. Jak Ward is a Legal 500 “Next Generation Partner” in contentious trusts and probate for the East and Gina Khera is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and the Contentious Trusts Association (ConTrA), the Agricultural Law Association (ALA), the Court of Protection Practitioners Association (CoPPA) and the Society of Trust and Estates Practitioners (STEP).
We take a sensitive and practical approach to what can be an emotionally difficult time. If questions about mental capacity are also relevant to your case, our Court of Protection team can advise.
Frequently asked questions about intestacy disputes
Who inherits if someone dies without a Will and has no spouse or children?
The estate passes to other relatives in the following order: parents, siblings, half-siblings, grandparents, aunts and uncles, and then cousins. If no qualifying relatives are found, the estate passes to the Crown as bona vacantia (ownerless property).
Can an unmarried partner claim from an intestate estate?
Unmarried partners receive nothing automatically under the Intestacy Rules. However, if you lived with your partner for at least two years immediately before their death, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
How long do you have to challenge an intestacy?
For Inheritance (Provision for Family and Dependants) Act 1975 claims, the time limit is six months from the date the grant of letters of administration is issued. Other types of challenge may have different timeframes, so we’d recommend seeking advice as early as possible.
What happens if the family can’t agree on who administers the estate?
You can enter a caveat at the Probate Registry to pause the grant process. If the dispute continues, the court can be asked under section 116 of the Senior Courts Act 1981 to appoint a neutral administrator in place of the disputed candidate.
Can stepchildren inherit if there is no Will?
Stepchildren have no automatic entitlement under the Intestacy Rules unless they were legally adopted. They may, however, be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially maintained by the deceased immediately before their death.
Is a deed of variation possible without a Will?
Yes. Beneficiaries entitled under the Intestacy Rules can use a deed of variation to redirect their entitlements, provided all affected adult beneficiaries agree and the deed is completed within two years of the date of death.
What is bona vacantia and when does it apply?
Bona vacantia (Latin for “ownerless goods”) arises when someone dies intestate with no qualifying relatives. The estate then passes to the Crown, or to the Duchy of Lancaster or Duchy of Cornwall depending on where the deceased was based.
Do we need probate if there is no Will?
In most cases, yes. Where the deceased owned property or held assets solely in their own name, a grant of letters of administration will be needed before the estate can be dealt with. This is the intestacy equivalent of a grant of probate.
Get in touch with our contentious probate solicitors
To get specialist support, please visit our contentious probate solicitors page, explore our Wills and probate solicitors page, or find out more about challenging or contesting a Will. Please don’t hesitate to call one of our offices or complete our enquiry form. We have offices in Alconbury, Birmingham, Nottingham, Peterborough, Spalding, and Langham.