Wills and intestacy
What is Intestacy?
Intestacy is the legal term for dying without a valid will. When someone dies intestate, their estate cannot be distributed according to their wishes (because no legally binding wishes have been recorded). Instead, the law decides who inherits.
Why does intestacy matter?
If you die without a will, the people you would have chosen to look after may receive nothing. A partner you were not legally married to or in a civil partnership with has no automatic right to inherit under intestacy law. Neither do stepchildren, friends, or charities, however long or close the relationship was. The Rules of Intestacy are not cruel by design, but they are rigid.
The Rules of Intestacy in England and Wales
- A surviving spouse or civil partner inherits the personal possessions, the first £322,000 of the estate (£270,000 if the death was before 26 July 2023), and half of anything remaining above that amount
- Children inherit the other half of anything above that amount equally, and receive the full estate if there is no surviving spouse or civil partner
- If there are no children, other relatives inherit in a defined order: parents, then siblings, then half-siblings, then grandparents, then aunts and uncles
- If no qualifying relatives can be found, the estate passes to the Crown
What if you are not sure whether there is a will?
Before assuming intestacy applies, make every effort to find the will. Search the home thoroughly, contact the deceased’s solicitor and bank, and check the National Will Register. Only once you have exhausted every reasonable search should you proceed on the basis that no will exists.
How does intestacy affect the Probate application?
Where there is no valid will, you apply for a Grant of Letters of Administration using form PA1A rather than a Grant of Probate using PA1P. The process is broadly the same.
How YouCanDoProbate helps with intestacy
YouCanDoProbate includes a built-in Intestacy Walkthrough that guides you through the family circumstances step by step, confirms who is entitled to inherit and in what proportions, and uses those answers to complete the PA1A and IHT400 automatically.
The easy and affordable way to apply for probate
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