What if There is No Will?

If an individual dies without having written a will then that individual’s belongings (usually referred to as that person’s estate) is said to be “intestate”. This means that the distribution of the estate is decided according to the law rather than anyone’s personal wishes. Usually the deceased’s closest family members will inherit parts of the estate though this may not always be the case. In order to avoid intestacy, it is strongly advised that all adults draw up wills.

Intestacy Law

“Intestacy” describes the state of an estate that still has assets once all outstanding debts and the deceased’s funeral has been paid for. These assets must then be distributed, and intestacy laws see to this distribution. Intestacy laws differ across the United Kingdom. In England and Wales the governing law is the Administration of Estate Act 1925. In Northern Ireland, the Rules of Intestacy are quite similar. In Scotland, the Succession (Scotland) Act 1964 is the guiding legislation. In general these laws require that the estate be divided between blood and legal (spouse/civil partner) relatives only. However, the ways in which an estate would be divided between spouses/civil partners, children (and grandchildren/great-grandchildren), parents and siblings differ.

Tax Implications

If the law decides who inherits which parts of an estate, then any applicable taxes must be paid. However, very often the tax implications of a death can be reduced if a solicitor is consulted and structures a will in the most advantageous way for those who stand to inherit.

Dealing with Intestate Issues

If you are a surviving relative of someone who has passed away without leaving a will then it is best to consult a solicitor as soon as possible. Check in with the deceased’s solicitors to make sure that they are not holding a copy of the will and do a thorough search of all of the individual’s documents. Try to gather together as much evidence of the estate as you can: bank statements, deeds to property, valuable items, etc. If there are possessions of particular value that could be liable to harm or theft, consult a solicitor about putting them into a safe until they are distributed. The solicitor will also advise you on who should be acting as administrator of the estate (and doing these jobs). Usually this will be a relative. The administrator must follow all laws regarding the distribution of the estate, even if they run counter to what the deceased may have said while (s)he was alive.

When an individual dies without a will, the administration of his or her estate can become a complex and lengthy affair. At the end of it taxes will need to be paid, as well as fees for legal counsel. The best way to avoid this situation is to simply ensure that all adults have drawn up wills. Wills should be updated upon the birth of children, marriage, divorce, remarriage or in the event that dramatic changes occur and it is decided that someone who previously stood (or did not stand) to inherit should no longer be in (or out of) the will. Even if the idea of writing a will seems distasteful or superstitious, these are not good enough reasons to leave family members with the nightmare of wading through personal and estate affairs. If you do not have a will, consult your solicitor soon about ensuring that your wishes are carried out after your death.