What happens if someone dies without a will in England and Wales?

Question

My father passed away recently and we cannot find a will. He was not married to his long-term partner. Who legally inherits, and does his partner get anything?

Leo Bennett · Accepted Answer

When someone dies without a valid will, their estate is shared out under the intestacy rules, which are fixed by law and do not take account of what the person might have wanted. In England and Wales these rules prioritise a spouse or civil partner and then children. The difficult point in your situation is that an unmarried partner, no matter how long the relationship lasted, does not automatically inherit anything under intestacy. Depending on the size of the estate, it may pass to children, or to other blood relatives in a set order if there are no children. An unmarried partner who was financially dependent may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that is a separate court process with time limits, so early advice matters.

Ella Sanchez · Answer

Practically, the person dealing with the estate will usually need to apply for letters of administration to gain authority to manage it, and then distribute it strictly according to the intestacy order. Because your father's partner is not automatically protected, it is worth taking advice quickly about whether a claim under the 1975 Act is available, as there is generally only a six-month window from the grant to bring one. This situation is also the clearest possible argument for anyone in an unmarried relationship to make a will. General information only, given the facts can change the outcome significantly.

What happens if someone dies without a will in England and Wales?

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