Who inherits is decided by law
The intestacy rules set out which relatives inherit and in what circumstances. The outcome depends on the family relationships and the estate; it is not simply a decision for whoever is described as next of kin.
Understanding Intestacy
When Someone Dies without a Will
If someone dies without a valid will, it can be hard to know who should take charge or who is entitled to inherit. We can help you establish the position and understand the next steps for the estate.
Understanding your next steps
How we can help
Inheritance and administration are different
The people entitled to benefit and the person applying to administer the estate have different roles. We help clarify both, including whether letters of administration are required.
Check the documents and family picture
Before assuming there is no will, explain what searches have been made. Details of marriages, civil partnerships, children and other relatives can be important. Tell us about anyone who depended financially on the person who died.
A clear way forward
What happens next
Gather the information available
Bring the death certificate, any possible will or related correspondence, and an outline of the family. Do not worry if the information is incomplete; we can identify the gaps.
Establish the legal position
We consider the relevant family relationships, inheritance rules and entitlement to apply. We explain what documents or further enquiries are needed.
Plan the estate work
We agree whether you need advice on entitlement, help with an application or wider administration. Assets, debts and tax still need to be addressed before the estate is distributed.
Planning ahead
Fees and timescales
01 / Fees
Agreeing the scope and cost
Costs depend on the work needed to establish entitlement and deal with the estate. We explain professional fees, VAT and expected third-party charges, including any further enquiries that need a separate estimate.
02 / Timescales
When the family information is incomplete
Finding records or tracing relatives can add time. We discuss the likely stages after reviewing the available information and explain any further work needed before distribution.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
Your questions, answered
Does an unmarried partner automatically inherit?
An unmarried partner has no automatic entitlement under the intestacy rules in England and Wales. Other rights or claims may need separate advice, so tell us about the relationship and circumstances.
Can the family simply agree to divide everything differently?
The administrator must respect the legal entitlements. A proposed variation needs to be considered and properly documented; an informal family understanding is not a substitute.
Does everything automatically pass to the government?
No. The rules first provide for eligible relatives. The outcome needs to be checked against the actual family circumstances.
Does a husband, wife or civil partner always inherit everything?
Not necessarily. Whether there are children or other descendants, the estate’s value and the applicable rules affect the result. A spouse or civil partner may share the estate with descendants. The calculation should be checked before anyone is promised a particular amount.
Are legally adopted children included?
Yes. Legally adopted children are treated as children of their adoptive parent for intestacy. Children from different relationships are also included. The shares depend on the wider family circumstances; tell us about any adoption so the correct family relationships are established.
Can grandchildren inherit if their parent has already died?
They may inherit the share their parent would have received if that parent died before the person whose estate is being dealt with. The family tree and order of deaths matter. Provide those details so entitlement can be worked out accurately.
General information for England and Wales. Contact us for advice about your circumstances.
SJS Solicitors · Balham