Losing someone is never easy. If you’re dealing with the death of a loved one who didn’t leave a will, or if you’re thinking about what might happen to your own family when you’re gone, it’s natural to feel uncertain about what comes next.
In this guide, we explain what happens when someone dies without a Will in Wales and England, including what happens to bank accounts, property, and who inherits. We also cover the groups most at risk under the rules, particularly unmarried partners, stepchildren, and blended families.
What does it mean to die without a Will?
When someone dies without leaving a valid Will, they are said to have died intestate. The process of distributing their estate is then governed by the rules of intestacy, a fixed legal framework set out in the Administration of Estates Act 1925 (as amended).
The intestacy rules apply automatically in Wales and England, regardless of what the deceased may have wished. If there’s no valid Will in place, the rules decide what happens next.
It’s worth noting that the intestacy rules in Wales and England are identical, while Scotland and Northern Ireland operate under entirely different rules.
What happens to your estate if you die intestate?
When someone dies intestate, their estate (everything they owned, including property, savings, and possessions) doesn’t pass to anyone immediately. A number of steps must take place first:
- The estate is frozen while the administration process begins.
- A close relative must apply to the Probate Registry for Letters of Administration, the legal authority to deal with the estate. This is similar to a Grant of Probate but applies when there is no Will.
- Outstanding debts, funeral costs, and any inheritance tax are paid from the estate.
- Only what remains is distributed according to the intestacy rules.
For a fuller explanation of the Letters of Administration process, see our guide: What Are Letters of Administration?
What happens to bank accounts when someone dies without a Will?
This is one of the most common questions people have after a bereavement, and the answer depends on whether the account was held in one person’s name or jointly.
Sole accounts are frozen as soon as the bank is notified of the death. No one can access the funds until the estate is formally administered. The bank doesn’t need to see a Will to act, only proof of death and, for larger sums, proof of legal authority through letters of administration.
For smaller balances, some banks will release funds without a full grant of administration. Each bank sets its own threshold, and it’s worth contacting the bank directly to ask.
Joint accounts work differently. The funds normally pass automatically to the surviving account holder under the principle of survivorship, outside the intestacy rules entirely. The bank will typically release access once it receives a death certificate.
What happens to your house and property?
How a property passes when someone dies without a Will depends on how it was owned.
- Joint tenants: If a property was owned as joint tenants, the deceased’s share passes automatically to the surviving owner by the right of survivorship. This happens outside the estate entirely, so the intestacy rules don’t apply to it.
- Tenants in common: If the property was owned as tenants in common, each owner holds a defined share. The deceased’s share forms part of their estate and is distributed under the intestacy rules.
- Solely owned property: A home owned solely by the deceased falls into the estate and is distributed according to the intestacy rules. If the deceased was married, the surviving spouse has the right to the matrimonial home in certain circumstances, but this does not apply to an unmarried partner.
Do unmarried partners inherit if there is no Will?
This is one of the most significant risks in dying intestate, and it affects a large number of people.
Cohabiting couples, no matter how long they’ve lived together or whether they have children together, have no automatic right to inherit under the intestacy rules in England and Wales. There is no such thing as a “common-law spouse” in Welsh and English law.
If your partner dies without a Will, you could be left with nothing, even if you shared a home for decades.
There is one potential route: the Inheritance (Provision for Family and Dependants) Act 1975 allows certain people, including cohabitants of two or more years, to make a claim against the estate. However, this route is uncertain, can be costly, and places the burden of proof on the claimant. It is not a substitute for a Will.
What happens to children’s inheritance?
Children’s inheritance under intestacy works as follows:
- Biological and adopted children inherit equally, regardless of which parent they lived with.
- Stepchildren who were not legally adopted by the deceased have no automatic right to inherit under the intestacy rules.
- If a child is under 18, their inheritance is held on statutory trust until they reach 18.
There’s also a critical practical issue for parents: without a Will, there is no appointed guardian for minor children. If both parents die without a Will, the courts decide who looks after the children. A will allows you to name a guardian yourself.
For more on this, see our article on why you need a Will.
What happens to blended families under intestacy?
Intestacy can be particularly harsh for blended families.
Under the rules, a surviving spouse may inherit the majority of the estate, including all personal property, the first £322,000, and half of anything above that. Children from a previous relationship may receive far less than the deceased intended, and stepchildren receive nothing at all unless they were legally adopted.
If you have children from a previous relationship, a Will is the only way to ensure they’re provided for. Without one, the intestacy rules will decide, and the outcome may not reflect your wishes.
What if there are no surviving relatives?
If someone dies intestate with no surviving relatives who qualify to inherit, the entire estate passes to the Crown. This is known as bona vacantia (Latin for “ownerless goods”) and is administered by the Government Legal Department or, in certain regions, the Duchy of Lancaster or the Duchy of Cornwall.
Why you should make a Will
A Will gives you control and security. It lets you decide who inherits, who looks after your children, and how your estate is managed. Without one, the intestacy rules make those decisions for you, and they may not reflect your life or your relationships.
Making a Will is particularly important if you:
- Live with a partner you’re not married to
- Have stepchildren or a blended family
- Want to leave gifts to friends, charities, or anyone outside the immediate family
- Own property or significant assets
- Have young children and want to name a guardian
A well-drafted Will can also help with inheritance tax planning and reduce the risk of disputes between family members after you’re gone.
Frequently asked questions about dying without a Will
Does my partner automatically inherit if we are not married?
No. Cohabiting partners have no automatic rights under the intestacy rules in England and Wales, regardless of the length of the relationship or whether you have children together. It may be possible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this isn’t guaranteed and can be a costly and stressful process.
What happens to a joint bank account when one holder dies without a Will?
Funds in a joint account normally pass automatically to the surviving account holder under the right of survivorship. This happens outside the intestacy rules, so letters of administration aren’t needed to access the account, only a death certificate.
Are the intestacy rules different in Wales?
No. The rules of intestacy are the same across England and Wales. Scotland and Northern Ireland operate under separate legal frameworks.
Can you contest an intestate estate?
Yes. Eligible claimants, including spouses, children, cohabitants of two or more years, and others who were financially maintained by the deceased, can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is a legal claim for reasonable financial provision from the estate.
What happens to my children if I die without a Will?
Without a Will, no guardian is appointed for minor children. The courts will decide who cares for them. Any inheritance owed to a child under 18 is held on statutory trust until they turn 18.
What happens if I have no living relatives?
If there are no surviving relatives who qualify under the intestacy rules, the estate passes to the Crown as bona vacantia. It is administered by the Government Legal Department, or by the Duchy of Lancaster or the Duchy of Cornwall depending on the region.
How long does it take to sort out an estate without a Will?
Intestate estates typically take longer to administer than those with a Will in place, because Letters of Administration must be obtained before any estate work can progress. Most intestate estates take between six and 12 months to administer, and this can be longer if disputes arise or the estate is complex.
Talk to Devonalds Solicitors about making a Will
If you’d like to make a Will, or if you need help dealing with the estate of someone who has died without one, our experienced Wills and probate solicitors are here to help. We’ll guide you through the process clearly and at your own pace, so you can feel confident that everything is in order.
You can reach us from any of our offices across South Wales: Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy or Pontypridd.
You can call us on 01443 779050 or use our simple contact form and we will get back to you as soon as possible.