(Part 2) What to Check if Someone Who Dies Doesn’t Have a Will

When a person dies without leaving a valid Will, they are said to have died intestate.

In England and Wales, the Intestacy Rules determine how their estate is distributed.

The rules are strict, and they do not consider personal relationships, promises, or family dynamics. Because of this, the first steps you take are crucial.

1. Confirm Whether a Will Truly Doesn’t Exist

Even if family members believe there is no Will, you must verify.

• Search the home – filing cabinets, safes, drawers, lofts, digital folders.
• Contact solicitors – not just their most recent lawyer, but any firm they may have used over the years. Many people store Wills with their lawyer.
• Check with banks – while less common today, some older Wills were stored with banks.
• Search the National Will Register – a paid search may reveal a registered Will.
• Ask close friends or relatives – they may know of a Will’s location or recall conversations about it.

If a Will is found later, it overrides the intestacy process.

2. Identify the Correct Legal Next of Kin

Under UK intestacy law, entitlement follows a strict hierarchy. This determines who inherits and in what proportions. The rules do not consider cohabiting partners, stepchildren, or informal family arrangements.

Understanding who qualifies as the legal next of kin is essential before any estate administration begins. You can explore the structure of these rules in more detail through intestacy rules.

If you want a broader overview, you can also read Megan’s article: What Happens When You Die Without a Will?.

3. Determine Who Can Apply for Letters of Administration

When there is no Will, there is no executor. Instead, someone must apply for Letters of Administration, which gives them legal authority to manage the estate.

There is a set priority order for who can apply, typically:

• Spouse or Civil Partner
• Children
• Parents
• Siblings

The person who successfully applies becomes the Administrator, responsible for:

• Securing assets
• Valuing the estate
• Paying debts and taxes
• Distributing the estate in accordance with the rule of intestacy.

4. Why These Checks Matter

Intestacy can create unexpected outcomes. For example:

• Unmarried partners receive nothing.
• Estranged relatives may inherit ahead of those who were close to the deceased.
• Stepchildren are not recognised under intestacy rules.
• Family disputes are more common when no Will exists.

Carrying out these checks ensures the estate is handled correctly, reduces the risk of conflict, and protects everyone involved.

Get in Touch

For clear, confident guidance on making a Will or navigating intestacy, speak with our specialist team on 0116 212 1000 for expert support, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

Created by AI and amended and checked by a qualified Solicitor