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What if There is No Will?

By: Abigail Taylor - Updated: 27 Jan 2021 | comments*Discuss
Will No Will Intestacy Probate

When someone dies, those left have to deal with the issue of what to do with their property and belongings. If there is no Will (i.e the estate is intestate), there is legislation that helps with the process of dividing any assets.

Here are the basic steps to follow:

  1. Check that there is definitely no Will to be found
  2. Apply for a Grant of Representation (often called "probate")
  3. Pay any inheritance tax due
  4. Collect together any assets
  5. Pay any debts owed by the deceased
  6. Distribute the estate

How to Find Out if There is a Will?

It can be difficult to establish after their death if someone made a Will. It is therefore recommended that if you have made a Will, you tell your family that you have made one, and where it is held.

If you don't know the location of a deceased's Will, it is important to carry out a thorough search. Below are some ideas of where to look:

  • Check through the deceased's documents - most people have a file of important documents (birth certificates / insurance etc) somewhere, so it may be with those
  • Check in the deceased's safe
  • If they had a lawyer that they used for other matters (e.g divorce or property sale) check if they hold a Will for the deceased
  • Try calling local solicitor's to see if they hold a copy Will for the deceased

Note: Sometimes people make more than one Will, as they update or change how they wish their assets to be divided. If you find more than one Will, make sure that you use the most recently dated version, as older versions will no longer be valid.

Intestacy Laws

If there is no Will, then the distribution of the estate will be governed (in England and Wales) by the Administration of Estate Act 1925. These are commonly known as the laws of intestacy, someone who dies without a Will is legally called 'intestate'.

Obtaining probate

Regardless of whether there is a Will or not, you will need to apply for a Grant of Representation (commonly called 'probate'). If there is no Will, the deceased's next of kin can apply for probate (for example their spouse, civil partner, or child). It is possible to apply for probate as the spouse or civil partner of the deceased, even if you are separated, as long as you are not divorced.

Note: Unmarried partners cannot automatically apply for probate, (nor will they inherit your assets under the law of intestacy), so if you have a long-term partner but are not married, it is especially important that you make a will.

If all assets were jointly held, technically you do not require probate to distribute them. However many organisations such as banks will still ask for a copy, so it may be worth doing anyway!

See our guide here for more information on Probate

Applying for probate

Here's how to apply:
  1. Complete a probate application form (PA1). If you need help completing the form, call HMRC on 0300 123 1072
  2. Complete an inheritance tax form. (You must complete this form, even if you think no tax is owed.)
  3. Send both forms along with the death certificate, the original will and three copies (if a will exists), and a £125 application fee. (There is no fee is the total estate is worth under £5,000)
  4. Swear an oath at the office of a Commissioner for Oaths (eg a solicitor's office), or the local probate office
You should get the probate certificate through in the post within 10 working days of swearing your oath.

How Stop Someone Getting Probate

You can stop someone getting probate by entering a caveat, as long as you are aged 18 or over. This caveat lasts 6 months to enable any dispute to be resolved. To enter a caveat, fill in form PA8 and send a £20 fee. (We recommend consulting a solicitor or your local Citizen's Advice Bureau if entering a caveat, as usually they precede a heated dispute between relatives.)

Find Out How an Estate Was Distributed

You can search probate records online for anyone who died after 1858. This should tell you who obtained probate to distribute the estate. There is a £10 fee per search. It takes around 14 days for the online record to update with details of new registrations.

Paying Inheritance Tax

You will have sent an Inheritance Tax Form to HMRC when obtaining probate, so they will let you know how much inheritance tax must be paid out of the deceased's assets. Just follow the instructions on the paperwork sent to you, and if you have any queries, contact HMRC who are usually very good at talking relatives through the process.

We have more information on inheritance tax here

Collect the Deceased's Assets

If you send the probate certificate to organisations holding the deceased's assets (e.g banks), they should release these to you. You may also need to sell the deceased's property in order to release funds; any fees involved in the sale can be deducted from the sale profits.

To speed up the asset release process, you may wish to obtain several copies of the probate certificate. These cost only around 50p per copy.

Paying off debts

Before distributing the estate, the executor has a duty to pay off any debts owed by the deceased. This includes any outstanding tax owed to HMRC. Also don't forget that if the deceased didn't have a funeral plan in place, you will need to deduct the funeral costs from the value of the estate; funeral costs can be several thousand pounds!

If you are the executor, place a notice in The Gazette to give any creditors a chance to come forwards before the estate is distributed. That will ensure that you hold no personal liability for any of the deceased's debts of which you may not have been aware.
See our article on Debts After Death for more information

Distribute the Estate

Jointly held assets:

  • Any money in a joint bank account will automatically pass to the other owner(s)
  • Any property owned under a "joint tenancy" (where all parties own the whole property jointly), will automatically pass to the surviving owner(s)
  • Any property owned under a "tenancy in common" (where each party owns a fixed share of the property), the deceased's share will pass according to their will or the law of intestacy

Assets not held jointly

If there is no will, you will need to distribute the estate in accordance with the law of intestacy:

Intestacy Law - Who Gets What If There's No Will?

If the estate is worth under £250,000, and the deceased has a spouse or civil partner, they will inherit the whole estate.

If the estate is worth over £250,000 the estate is divided as follows:

(1) Spouse or Civil Partner Still Alive

If the estate is worth over £250,000, and the deceased has a spouse or civil partner, they will inherit £250,000 value from the estate plus all personal possessions (regardless of value). The remainder of the estate (over £250,000 value) will then be split as 50% to the spouse or civil partner, and 50% divided between the surviving children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place. If there are no children, the spouse or civil partner will inherit the whole estate.

(2) No Spouse or Civil Partner

If the deceased has no spouse or civil partner, the estate will be divided equally between their children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place.

(3) No Spouse or Civil Partner and No Children/Grandchildren

If the deceased has no spouse or civil partner, and no children or grand-children, the estate will be divided equally between their parents. If the deceased has no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died).

(4) No Spouse, Children, Parents or Siblings

If the deceased has no spouse/civil partner, no children/grandchildren, no parents and siblings, the estate will be divided equally between their half brothers and sisters. If there are no half siblings, the estate will be divided equally between their grandparents. If there are no living grandparents, the estate goes to aunts and uncles (half aunts and uncles if there are no full ones) or to their children (the deceased's cousins) if they have already died.

(5) None of the Above Relatives

If the deceased has no living: spouse; civil partner; children; grandchildren; parents; brothers or sisters; half brothers and sisters; grandparents; aunts and uncles or half aunts and uncles; nephew/nieces or cousins, the estate will all pass to the Crown.

Example Scenarios

Q] Joe has died with no will. He has a wife, a son and two step-daughters. His estate is worth £350,000. Who inherits?

A] Joe's wife would receive £250,000 of the estate, plus any personal possessions (regardless of value). The remaining £100,000 of the estate would be divided equally between his wife and his son. Step-children are not recognised by the law of intestacy. His wife would therefore receive a total of £300,000 plus personal possessions, his son would receive £50,000 and his step-daughters would receive nothing.

Q] Beth has died without a will. She has no husband or civil partner, no children or grandchildren, and no parents or grandparents. Her only surviving family are the boyfriend she lives with, and her aunt who she hasn't spoken to since she was a child. Who inherits?

A] Her aunt would inherit the entire estate. The law of intestacy doesn't recognise unmarried partners. Her aunt is a recognised relative and so will inherit the estate, regardless of whether they are estranged.

As you can see from the above, it is extremely important to make a will if you have step-children or an unmarried partner that you would want to inherit from you. If you don't have a will, they won't get anything unless assets are jointly held!

Some of Your Questions Answered

"My wife's mother left her and her sister the house. The Will states that her unmarried partner is allowed to live in the house until he dies. Can they get him out as they would like to sell the house?"

The unmarried partner has been given a life tenancy in the property. That gives him the right to remain in the property until his death. He will be responsible for all insurance and maintenance costs. You can't legally throw him out, so your choices are either to sell the estate subject to a life tenant (not usually very desirable to a buyer), or speak to him about him forfeiting his life tenancy (likely by you "buying him out").

"My great aunt passed away hasn't left a Will, my mother is her niece. She left invested money of over £30,000, plus valuable items. Suddenly her nephew wants to take over and already taken jewellery, ornaments and has demanded that anything we took from the house for safe keeping be returned or he's phoning the police. We found out that when my aunt was alive his wife took her wedding/engagement rings...she was suffering from Alzheimer's. The nephew has walked away from the house (rented) leaving a neighbour to clear as it has to be empty in 2 weeks. What can we do to ensure nothing gets sold without our say, so that we can things of sentimental value in the family?"

Has the nephew applied for probate? If not, then it may be worth you doing so. If he does not have probate, then he is not entitled to divide up the estate.

In any event, the estate must be divided up according to the rules of intestacy. Follow through the steps above to see who would inherit - this will depend upon what other surviving relatives are in your family. If your great-aunt has no spouse / civil partner, no children / grandchildren / great-grandchildren, and no parents, then the estate should be divided up equally amongst their sisters and brothers. If they are no longer alive, their children (ie her nieces and nephews) will inherit in their place. If there was no will and the nephew (your uncle) is legitimately inheriting from the estate, I would expect that your mother should do so too.

"My dad was diagnosed with dementia 18 months ago. My sister who'd previously had no contact for years, obtained POA (knowing he's worth over 500.000). She put him in a nursing home and fixed up the house then moved in with her daughter. My sister and I are the only next of kin, he passed away 4 months ago with no Will. Should I have inherited any of his estate? What can I do at this stage?"

Firstly, I would question whether any Power of Attorney was valid. It seems strange that your father would agree for an estranged daughter to make all decisions (including financial decisions) on his behalf. If your father had already been diagnosed with dementia prior to signing the Power of Attorney, he may have lacked mental capacity making it invalid.

Secondly, if your father had no will, his estate would pass to his family in accordance with the laws of intestacy. Check whether your sister obtained probate. If not, she does not have authority to distribute the estate. If your father had no surviving spouse or civil partner, then the estate should have been divided equally between all his children. If there are just two children (you and your sister), then you should have received 50% of the value of the estate, including the property value. (This does not necessarily mean that your sister has to sell the property, but she should give you 50% of the value to essentially "buy out" your share.)

"Hi my father has died , with no will , we think. My eldest brother has dealt with everything he has divided all the money between us all , but it doesn't add up. My dad was mentally fine not confused and he told us what he had , is there anyway we can find out without asking my brother as I am sure there was quite a bit more money than he has said and my father had paid for his own funeral?"

Again, check whether your brother had obtained probate. If not, he had no authority to divide up the estate. If you don't want to ask him, you can search for probate records online, for a £10 fee.

If your brother did have probate, it will be difficult at this stage to determine the value of the estate (ie how much was in your dad's accounts), as they will now be £0 / closed. You may therefore have to ask your brother directly.

Remember that any debts, including outstanding tax and solicitor's fees will need to be paid out of the estate prior to distribution. Also inheritance tax may have been paid. These could all reduce the value of the remaining estate to be divided up.

Seeking advice

Dealing with the distribution of assets follow the death of a family member is always tricky, and can particularly bitter and emotional if a dispute arises. If you disagree with the way the estate has been distributed, speak to Citizens Advice Bureau for free advice and (though it may be difficult), try to approach the matter in a calm manner. Sometimes it can also be helpful to ask a trusted family friend or other relative to "mediate" any dispute to try to reduce any heated arguments and ensure a satisfactory resolution for everyone involved.

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Aaron14 - 27-Jan-21 @ 1:36 PM
My brother died. My niece is his next of kin. He lived with his girlfriend and she won’t let my niece have any of my brothers possessions. He rented his property with his girlfriend and she now holds the tenancy agreement. How can my niece get my brothers possessions? What do we need to do?
Brookes - 24-Jan-21 @ 11:12 PM
Hi, Basically my nan passed away when I was about 8 years old I'm not 20 my grandad passed away roughly about 4 years ago. He met a lady who he never married or got engaged to, however he was with her for about 6 years. She sold the house and checked all the things out of the house after saying to my mum she could go round and get things if she wanted to, they arranged a date and by then the stuff had already gone out the house (after the funeral)... the funeral was all about my grandads years with her and not my nan... he didn't leave a will. But always said if he passes away he wanted us to scatter his ashes where he used to like going.But that's the issue, his partner has got his ashes and havent heard off her since he passed away and she chucked all the things out the house. Where do I stand?
xzhdx - 15-Dec-20 @ 9:03 PM
Hi my grandma is going to a care home after breaking her hip, she doesn't have any property and has no will , as we thought mum being the only sibling that she would be next of kin , but what we have been reading up, mum has no entitlement with the money side of things, grandma does have a bit off money in the bank, she is very confused at the moment, but said she wants mum to be power of attorney, just with her condition now , we don't know where my mum stands and with covid going on this is making it harder for us to get someone to come to the care home ( were I work btw) to be a witness, we are so upset and confused
Shazbot - 11-Nov-20 @ 5:44 PM
My Brother passed away in July 2020 after and accident, he has no will and was not married to his long term partner. He has three children all now adults) from a previous relationship and marriage. I am trying to ensure his insurance is paid equally to the children but all three of them only have mini birth certificates (i.e. no parents are named on them. However two of them are married and have their fathers name on the marriage certificate. Sadly the eldest is not married so applied for a full birth certificate again her Dads name is not on the certificate. How can we evidence that my brother was her father, we all know it to be a fact but the insurance require evidence?
Aid - 4-Nov-20 @ 7:29 PM
My father passed away Oct 13th 2019 and he had no will his house went into foreclosure there is no personal representative or Executor, there is now surplus funds left over from his house who gets that money
Jean - 31-Oct-20 @ 4:26 AM
My dad just died on 10~17~20 and his ex girlfriend took possession of his house key and keys to the 2 trucks he owns.He just bought a 2012 truck the day he had a stroke and was transported to the hospital she took it all of his possessions including his wallet that contained his ID, social security card, and debit card to his checking account.I am his only child so what are my rights and my dad had no will I'm just wondering did I inheritate all of my dad's assets and what do I need to be able to get all of his assets.
Ggfurra - 19-Oct-20 @ 4:44 AM
My father is passing away at any moment now he made my brother Power of attorney now my dad has over $100,000 in the bank and that money keeps growing they’re not spending a lot of money on nurses as my brothers wife is taking care of my father so hardly any money is taken out of my dad’s account now my question is if my dad does not have a will which my brother says he does not does my brother have to split all the money between me and my sister and if he doesn’t share or be equal about it how do you go about making it right
Brena - 21-Aug-20 @ 3:01 AM
I just found out my civil partner & of friend passed away in January but I never checked what bank he used & if it was more than 1 he would &might have used...
anned - 30-Jul-20 @ 2:58 PM
Hi, my sister has died alone in her house. She left an unsigned note leaving her house to my three children and my brothers two children. We have all her bank details and deeds to the house but need to take this further.She was once married but that was 1982 and didn’t last long. What were desperate to find out is was she divorced and also is he still alive. I have been online umpteen times but they all seem to require a lot of detail than l have on the husband.HELP. please
Janvilla1 - 10-Jun-20 @ 11:54 AM
My dad died last month. In a care home. His dying wishes were to be cremated and ashes scattered on his mum grave this was a written dying wish and witnessed by care home and his brother. However his estranged wife who was now living with another man ama didn’t visit him for months .. upon my dads death has claimed any money he had and said she alone will have his ashes after cremation and scatter them in the garden.This is the home where he was physically abused by her .. social services along with the police manger to get a protection order on him so that in the event she did visit care home a staff member would be present. She is denying my dad his last dying wish just to spite his blood family .. funeral Director said she is the client so nothing they can do .. any one got any advice .. he gets cremated next week
Del - 23-May-20 @ 11:10 AM
my dad has past away. He was half way through doing will, but never signed it. I spoke to his account.He wants the house sold and split 30% for me, my sister, his partner and 10% for my nephew.I'm all fine with that. Only his name is on the house deed and he didnt live with his partner. But i know my sister won't let go of the house and move in..she can't afford a mortgage.I want to do what my dad wanted.I'm the eldest my dad wasn't married to his partner.Want to do what he wanted.I just don't know how to do it and spare us all from the heart ache.
jonny - 7-May-20 @ 1:59 PM
Hi my uncle recently passed away, his estate is being divided to his siblings one of which my father died recently also. So his share is passed on to myself and my brother, my brother has recently passed also but has children. Does my brothers share go to his children or does it stop with me, I would obviously like them to have something but unsure as to how it legally works.
Thomas - 5-Feb-20 @ 8:50 PM
My dad died a few yrs back unexpectedly I don’t think there’s a willbut my step mum wouldn’t want me and my sister to get a penny which my dad did I say when he dies half the house goes to my step mum and other half split between his 3daughtersmy step mum has a daughter with my dad and me and my sister are from his first marriageare we entitled to anything as my stepmom will make sure we don’t get a pennyand herand my step sister get the lot I don’t know wat to do. My step mum knows myself and my sister struggle but she’s spiteful and wil do anything to stop us getting a penny
Mel - 8-Jan-20 @ 10:59 AM
My Father passed away 10/08/19 from end stage aterial disease, he has a wife who he was separated from for nearly 7 years. She said she would sign property over to me so I could deal with the selling of my fathers property and would award her funds and divide the rest between his 9 surviving children which they agreed when he was alive. He purchased the property with compensation money he received after being mis-diagnosed and which led to the amputation of his leg. My farther's estranged wife has since refused to sign any paperwork to renounce the property and changed her mind, removed my fathers name from the land registry and has sold property which completes Friday. Is there any way apart from going to court and racking up legal fees (aswell potentially having to pay her legal fees if I am unsuccessful) that I can address this with the aim of the funds from the property being split between myself and my 8 siblings. I must add 2 of my youngest siblings are in care, 2 are living with the grandmother my dad's estranged wife has not had care of her children for some nearly 2 years and has taken this opportunity to capitalize on the death of my father.
son - 17-Dec-19 @ 1:40 PM
My father as died leaving me his house and all belongings, thers only me his daughter im an only child, my dad did not make a will so it as gone to probate, but solicitor says it will be straight forward because thers only me. Im looking after his house now and sleeping ther with intention to move in soon as. But is it ok to have central heating put in before its actually signed over to me. Or do i need to wait before doing any jobs.
Miller - 16-Oct-19 @ 6:59 PM
What should I do my father only has a few weeks with us doctor stated him incompetent in palliative careI am being told by my sister and other family members I can’t go in his home was going to bring photos to hear remember when’s told I can’t go in I have key and security code that dad gave me over twenty years ago she told me I can be charged with theft even though I wasn’t taking something for myself and was going to bring back she lives out of town are they right should I trust her do I get myself a lawyer she keeps telling me to trust her I am now wondering do I trust anyone any insight on this will be greatly appreciated also dad never made a will never appointed power of attorney executor nothing
Hurt - 7-Oct-19 @ 6:58 AM
My father passed away on 7/9 I went through probate with his will. Before the money could be given to his 6 children the son passed away 9/28.My brother had no will or estate, he had nothing.He was separated from his wife for 10 years or so.Who gets his share of the money? Do I the 2 adult kids get it?Does the wife get it?Or do the 3 of them share it?
San - 5-Oct-19 @ 3:51 PM
Sir kindly a m looking for unclaimed properrty to claim as a next of kin to share as partners if no heirs to claim
Mbogoshi - 3-Oct-19 @ 6:48 AM
My husband has one sister & him & his sister are in him mothers will to inherit equally when she passes away. If my husband passes away before his mother does his share go to his sister or me?
Driver - 28-Sep-19 @ 7:50 AM
My mom passed away June 2nd 2019 she had no will, my sister's name is on the deed because of a loan that they were paying back. So what I want to know does the house and land and all her assets go to the eight of us
Connie - 18-Sep-19 @ 4:10 PM
Hello my partner died ,we wasn't married and she made no will,and we have a boy aged 3 ,whocan set up a trust for him until he is a adult ,does her mother have the decision on what to do with her daughters money .and What rights does the dad have ?.
Deano - 19-Aug-19 @ 5:18 PM
Good morning I know Someone who’s mum lived with her partner.’ She passed away leaving no will but she had her own bank account ,her partner as kept all the money from her account ,is this right we don’t know if the account is frozen now how does she find out if it was just her mums accounts and not joint. She’s had letters from dwp about if there’s overpayment it needs to be paid back . She’s in such a state as her mums partner isn’t letting know her mums bank account any advice would be much appreciated
Jaffa - 16-Jul-19 @ 8:50 AM
I am privating renting a house in my name my uncle moved in and with him furniture of his own he sadly passed away do his other kids have the right to sell them in the house i rent
Guest123 - 15-Jul-19 @ 11:03 PM
/hi /my friend is n sticky situation. Her father dies in 2018 leaving no will. Her brother died in 2016.My friend has no children but her brother does.Who inherits the estate?
chriss - 12-Jul-19 @ 8:36 PM
My Mother passed away leaving stepfather everything she owned inhand written will,stepfather passed away giving me everything he owned in self drawn up will, I want to donate property given to me for 2 of my children now, not in my will, can I donate the property with out the including other children
Sandy - 26-Jun-19 @ 1:37 PM
Mum passed away Sept 2018 she had Dementia but died of pancreatic cancer.She left no will and her estate totaled £39.000. Solicitor was appointed according to Scottish law and I am theeldest and was nominated executor . The remainder after legal fees and debts paid was share between us...... Now I have been told there was a will at a solicitor ( not local) what happens now
dog lady - 24-Jun-19 @ 1:34 PM
Hi my mother just died i am an only child only had my mum. Who lived with her partner for 35 years how would my mothers assets be sorted what would i be entitled to.
Thorny - 10-Jun-19 @ 6:58 AM
So sad reading through these. Some one dies NO WIll . NO WAY. Why the greed gets the better of ppl and why these ppl fall out with there once were close familys over such stuf. Yeah its nice to have nice things and its even nicer to live comfortable.BUT i must say the best times on my life have been when i have been brassic broke not a pot to piss in.
RufDiamond - 29-May-19 @ 12:59 PM
My brother in law has recently died. He was single and still lived at home with his parents. Does my husband need to apply for probate? He had a minimum wage job so not a lot of money, no house or flat but he did own a motorbike.
Lion - 22-May-19 @ 6:51 PM
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