What are the No Will Rules?
What are the No Will Rules?
When someone passes away without leaving a legally valid Will, the estate must be handled under the legal framework known as the rules of intestacy. This situation is more common than many realise — and knowing the no Will rules can help you navigate what happens, who inherits, and what steps to take.
Who can deal with the estate?
If there’s no Will, the person who died is considered intestate. The law sets out which person is most “entitled” to apply to manage the estate — typically the spouse or civil partner, followed by children, then parents, then siblings, and so on. That person becomes an administrator rather than an executor and applies for a grant of letters of administration. For detailed guidance on how these rules apply, you can refer to The Probate Service’s guide on intestacy.
Who inherits under the rules?
Since there’s no Will to specify wishes, inheritance follows a fixed order. For example, if there’s a surviving spouse or civil partner and children, the partner usually gets a defined portion and the children share the remainder. If there are no close relatives, more distant family or ultimately the Crown may inherit. These no Will rules mean that your personal wishes may not be followed unless they align with the intestacy law.
Why a Will matters
Leaving no Will can lead to unintended outcomes — your partner or children may end up with less than you expected, or someone you’d hoped to benefit may miss out. Making even a simple Will means you choose who inherits, rather than leaving it to the standard rules. A Will also makes the process smoother and faster.
What you should do if there’s no Will
If you’re facing the estate of someone who died without a Will, here are key steps:
- Check if there was a Will (sometimes one exists but can’t be found).
- Use tools such as the official inheritance checker to see who’s entitled. GOV.UK
- Value the estate (assets, property, debts) and work out if inheritance tax applies.
- Apply for the grant of letters of administration so assets can be legally dealt with.
- Get advice — particularly if the family structure is complex or the estate is sizeable.
If you suspect a Will exists but can’t locate it, you can contact local solicitors, banks, or search the National Will Register. In some cases, the deceased’s executor might hold a copy. The UK Government’s probate search service also allows you to check if a will has been registered or probate granted.
How Care Financials can help
While our core services focus on mortgages, we recognize the importance of estate planning in your overall financial picture. Find yourself dealing with an estate where no Will exists, and you also need mortgage or property advice as part of your planning. Our team at Care Financials can connect you with the right professionals and support you in structuring your financial future.
Disclaimer:
Care Financials, as an introducer, works with several reputable, well-established mortgage brokers to offer mortgage services at the best possible rates. These brokers will assist clients in finding the ideal home and securing the right mortgage by utilizing their in-depth expertise in estate agency mortgage services.
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