Losing someone close is already an emotional and difficult experience. When a person passes away without leaving a valid will, families often face additional uncertainty about what happens to their money, property, and belongings. This situation is known as dying “intestate”, and the rules surrounding it can sometimes be complicated. Understanding intestacy rules can help families know what to expect and when to connect with probate solicitors in Hertfordshire for help.
What does dying without a will mean?
A will allows someone to decide who should inherit their estate, who should manage their affairs, and how their wishes should be carried out after their death. However, without a valid will, the law decides how the estate should be divided.
These legal rules are called the intestacy rules. They determine which relatives can inherit and how much they may receive. The process does not consider personal relationships or what the person may have wanted, which can sometimes lead to unexpected outcomes.
Who inherits under intestacy rules?
In England and Wales, the order of inheritance usually starts with the closest surviving relatives. This may include a spouse or civil partner, children, parents, siblings, or more distant relatives depending on the circumstances.
If someone dies leaving a spouse or civil partner and children, the spouse receives the personal belongings, a fixed sum known as the statutory legacy (currently £322,000) and half of whatever remains. The children share the other half equally. If there are no children, the spouse or civil partner usually inherits the whole estate. If there is no spouse, the estate passes to children, then parents, then brothers and sisters, and so on down a fixed order. If no eligible relatives can be found, it passes to the Crown.
Unmarried partners do not automatically inherit under intestacy rules, even if they have lived together for many years. This is one of the main reasons why making a will is so important.
How can probate solicitors in Hertfordshire help?
Managing an estate without a will can feel overwhelming, especially when families are dealing with grief. Professional guidance can make the process clearer and help avoid mistakes.
Experienced probate solicitors in Hertfordshire can help identify beneficiaries, value assets, apply for the necessary legal authority, handle inheritance matters, and ensure the estate is distributed correctly under the law.
They can also help families understand their rights and responsibilities, particularly in complex family situations, property ownership issues, or disagreements between relatives.
Applying for letters of administration
When there's no will, nobody has automatic authority to deal with the estate. The closest eligible relative, usually a spouse or child, applies to the Probate Registry for letters of administration. Until that grant is issued, banks and other institutions generally won't release funds, and property can't be sold. Getting the application right the first time saves weeks, particularly where assets need valuing for inheritance tax.
Why having a will can prevent future problems
While intestacy rules provide a legal framework, they may not reflect a person’s true wishes. A carefully prepared will gives individuals control over important decisions, from choosing beneficiaries to appointing someone they trust to manage their estate.
A will protects your assets, and it also reassures loved ones and reduces stress during an already challenging time.
Planning with a valid will remains one of the simplest ways to ensure your wishes are respected, and your loved ones are supported in the future.
If someone close to you has died without a will, we can help. At Pellys, our probate solicitors in Hertfordshire can apply for letters of administration, identify who inherits, and deal with the estate from start to finish, explaining each step as we go.
Book a consultation now.
