What Happens If Someone Passes Away Without a Will?
23/10/2025
What happens if someone passes away without a will? When someone passes away without a valid will, they are said to have died intestate. In this situation, the law decides who inherits, not the deceased’s wishes. This can often lead to outcomes that loved ones didn’t expect or intend.
At JR Levins Solicitors, our Wills and Probate team in Liverpool, Halton, and Cheshire regularly help families navigate this situation and understand their rights.
Who inherits if someone passes away without a will?
There is a common misconception that if someone dies without a will, everything automatically passes to the surviving spouse or civil partner. However, their estate is actually shared out according to the rules of intestacy. These rules set out a strict order of who inherits:
- Married or civil partners usually inherit most (or all) of the estate if there are no children.
- If there are children, the spouse receives the first £322,000 (as of 2025) of the estate plus personal belongings, as well as half of the remaining estate. The other half is divided equally between any surviving children.
- If there is no spouse or civil partner, the entire estate is divided equally amongst the children.
- If there is no spouse or children, the estate passes to other relatives in a set order: parents first, then full siblings (or their children), then half siblings, grandparents, aunts and uncles, and finally half aunts and half uncles.
- If there are no surviving relatives, the estate passes to the Crown.
Importantly:
- Unmarried partners do not automatically inherit, even if they have lived together for years.
- Stepchildren are not entitled to anything unless they were legally adopted.
Why it can cause problems
Many people assume their partner or family will simply “sort things out”, but intestacy can create serious difficulties:
- Loved ones may not receive what the deceased would have wanted.
- The process to get authority to deal with the estate can take months.
- Family disagreements often arise.
- It can be more expensive and stressful than if a valid will had been in place.
What can be done if there is no will?
If someone has died intestate, a close relative (usually the spouse or eldest adult child) will need to apply for Letters of Administration. This gives them the legal right to handle the estate, such as collecting assets, paying debts, and distributing inheritance.
If there are disagreements or complications, such as cohabiting partners, estranged relatives, or property held jointly, legal advice is essential.
Avoid future complications
All of this can be avoided by having a properly drafted will in place. A will ensures your estate goes exactly where you want it to, keeps things simpler for your loved ones, and gives you complete peace of mind.
At JR Levins, we make the process straightforward and stress-free, helping you protect your wishes and your family’s future.
📞 Call us: 0151 480 5777
📧 Email: enquiries@jrlevins.co.uk
🌐 Visit: JR Levins – Wills & Probate Solicitors Liverpool
📧 Email: enquiries@jrlevins.co.uk
🌐 Visit: JR Levins – Wills & Probate Solicitors Liverpool
