Who Inherits If Someone Dies Without a Will? Understanding Intestacy Rules

When someone passes away without leaving a will, the distribution of their estate follows a legal process known as intestacy. In these cases, the estate is divided according to strict rules set by law, which determine who inherits the deceased's assets.

What Happens Under Intestacy Rules?

If a person dies without a valid will, they are said to have died "intestate." This means their estate will be distributed according to the rules of intestacy, which can be complex and may not align with what the deceased might have wanted.

Who Can Inherit the Estate?

Under intestacy rules, inheritance is typically distributed among the closest living relatives of the deceased.

The order of priority is as follows:

• Spouse or Civil Partner: If the deceased was married or in a civil partnership, their spouse or partner is usually the primary beneficiary. They are entitled to receive the first portion of the estate, which may include personal possessions, property, and a share of any remaining assets.

• Children: If there are children, they are next in line to inherit. The estate is divided equally among them after the spouse or civil partner's share has been allocated. If a child has predeceased the individual, their children (the grandchildren) may inherit in their place.

• Parents, Siblings, and Extended Family: If the deceased left no spouse, partner, or children, the estate may pass to other relatives, such as parents, siblings, nieces, nephews, and more distant family members, depending on who is surviving.

• No Living Relatives: If no eligible relatives can be found, the entire estate goes to the Crown (the government), a situation known as bona vacantia.

Limitations of Intestacy Rules

It's important to note that intestacy rules do not recognise certain relationships. For example, unmarried partners, friends, and stepchildren are not entitled to inherit under these rules, no matter how close they were to the deceased. This can lead to unintended consequences and disputes among those left behind.

Why Is It Important to Have a Will?

Creating a will ensures that your estate is distributed according to your wishes rather than the rigid rules of intestacy. By having a valid will in place, you can:

• Specify exactly who should inherit your assets.

• Provide for loved ones who wouldn’t be recognised under intestacy rules.

• Appoint guardians for minor children.

• Minimise the potential for family disputes.

Conclusion

Understanding the implications of dying without a will is crucial. The intestacy rules might not reflect what you would have chosen for your estate, so it's advisable to take control by creating a will. If you or someone you know is dealing with the complexities of intestacy, seeking professional advice can help navigate this challenging process.

How Can Level Help?

Administering or contesting an intestate estate can come with significant costs. If you’re unable to recover these expenses from the estate itself, it can create a financial burden. In such cases, Level offers funding solutions that provide the support you need to move forward.

We specialise in helping individuals secure the financial assistance necessary during the inheritance process. Whether you're applying for letters of administration or need legal support to make a claim, our Executor Loan and Inheritance Dispute Funding solutions are here to help.

With no credit checks required and repayment made directly from estate proceeds, we simplify the process for you. Apply online today to discover how we can assist with your financial needs.

If you’d prefer to speak with a member of our team, please feel free to call us at +44 (0) 20 7205 2870.