What Happens When Someone Dies Without A Will In Place? The Rules Of Intestacy

The untimely death of former One Direction star Liam Payne in October 2024 brought to light a crucial issue in the world of wills and succession planning. Payne passed away without making a will, which means his £24.3million estate must now be dealt with in accordance with the UK’s intestacy rules.

Regardless of age, it is essential for individuals to consider and implement any appropriate estate planning during their lifetime to mitigate against any adverse consequences that might arise in relation to their estate after their death.

In this article, we discuss the rules of intestacy and how the estate is divided where there is no will, who inherits and what steps you can take to avoid uncertainty around your will prior to death.

The Importance of Creating a Will

Creating a will allows an individual to ensure that their estate is distributed to the beneficiaries that they had intended, at the appropriate time.

In Payne’s case his estate will now be administered by his former partner, Cheryl Cole, alongside music industry lawyer Richard Mark Bray.

Payne’s eight-year-old son, Bear, will be due to receive the entirety of the estate, whereby the assets will be held in trust for him until he reaches the age of 18.

With a will in place, the complex administration of Payne’s estate could have been avoided.

Take a look at our guide on writing a will to set yourself up properly and make things as smooth as possible for those administering your wishes.

Who Inherits if there’s no Will?

The rules of intestacy state that only certain people are legally entitled to inherit. These rules are strict, and apply regardless of personal relationships or the deceased’s informal intentions, such as what has been states or promised in-person.

Married or Civil Partners

If the deceased person was either married or in a civil partnership at the time of their death, then their partner typically would receive the majority of the estate, and potentially the estate in its entirety.

However, the amount is dictated depending on whether the deceased person had children.

• With children, the spouse or civil partner would receive:
  • All personal possessions
  • The first £322,000 of the estate
  • Half of the remaining estate (with the children received the other half)
• Without children, the spouse or civil partner would receive:
  • The entire estate

Unmarried cohabiting partners

A cohabiting partner who is not married to, or in a civil partnership with the deceased, would have no automatic right to inheritance under the rules of intestacy, even if the relationship is akin to marriage over many years and even decades.

Children and Grandchildren

• Where the deceased has a surviving spouse or civil partner
  • After the surviving partner’s entitlement is distributed (covered above), all children receive an equal share of the remainder.
• Where the deceased has no surviving spouse or civil partner
  • All children receive an equal share of the entire estate
• Where all of the deceased’s children are also deceased
  • The share passes to the deceased’s grandchildren, split equally.

Do adopted, stepchildren and foster children have right to inheritance?

Adopted children have the same rights as the above, but stepchildren and foster children do not.

Who inherits when there are no surviving children or grandchildren of the deceased?

When there is no will in place, the estate will pass in the following order:

1. Parents
2. Siblings
3. Children of siblings (if siblings are deceased)
4. Half-siblings
5. Grandparents
6. Aunts and uncles
7. Children of aunts and uncles i.e. first cousins (if aunts and uncles are deceased)
8. Half-aunts and half-uncles

Who inherits if none of these relatives can be found?

If none of the above can be found, the estate would pass to the Crown under a law known as bona vacantia (a Latin term meaning ‘vacant goods’).

What is Bona Vacantia?

When someone dies without a will and without any eligible relatives, as outlined above, their estate becomes technically known as an ownerless property. This ownerless property passes to the Crown under bona vacantia laws.

The rules are difference between England and Wales and Northern Ireland in terms of how bona vacantia is handled. As for Scotland, Scottish law has a unique doctrine for interstate deaths, called ultimus haeres (a Latin term meaning ‘last heir’). This means that the Crown becomes the heir of last resort, a different process to England, Wales and Northern Ireland.

• England and Wales: Ownerless properties are handled by the Bona Vacantia Division of the Government Legal Department.
• Northern Ireland: Ownerless properties are handled by the Crown Solicitor’s Office.
• Scotland: Ultimus haeres doctrine means that the King’s and Lord Treasurer’s Remembrancer handles the ownerless property. They are responsible for investigation of heirs, administering and selling the property if no heirs are found, and holding proceeds in case an heir later comes forward.

Can someone claim an estate’s inheritance at a later date?

Yes, a relative unaware of the death may process a claim when they become aware, or an heir may make a claim if they later discover a legitimate relationship to the deceased.

Who is responsible for administering the estate without a will?

When someone dies intestate, a close relative must apply to the Probate Registry for letters of administration through the PA1A form. Once this person becomes the administrator, they will have the legal authority to handle the estate, including:

• Valuing the estate
• Paying debts and inheritance tax (where applicable)
• Distributing assets according to rules of intestacy

This is a complex process that Napthens can provide legal guidance on in compliance with registration.

Can I challenge intestacy?

Technically, yes. The rules of intestacy can sometimes be challenged, but indirectly via a separate law, the Inheritance (Provision for Family and Dependents) Act 1975. Under this act, certain individuals may be able to make a claim if they were financially on the deceased person. This may for example:

• A former spouse or civil partner, provided that this person hasn’t remarried or entered into another civil partnership
• A financially dependent unmarried partner who was cohabiting with the deceased (only valid for deaths taking place on or after 1st January 1996)
• A person who was in a relationship akin to that of being a biological or adopted child of the deceased.
• A person with financial dependence on the deceased person at the time of death

Do you need help with rules of intestacy or making a will?

Napthens is home to expert solicitors who can assist. In addition to our wills, trusts and probates team, we also have an expert contentious probate team to support with disputes.

You can get in touch via our contact form and we’ll consider the best approach for your situation.