When someone dies without leaving a valid Will, they are said to have died intestate.

That does not mean the estate has no rules. Instead, the law decides who can inherit and who may deal with the estate under the rules of intestacy.

Who deals with the estate?

Where there is no valid Will, there is no executor appointed by the deceased.

An eligible person may need to apply to become the estate's administrator and, where formal authority is required, obtain Letters of Administration.

The administrator then has responsibilities similar to an executor, including identifying assets and liabilities, dealing with tax where required and distributing the estate correctly.

Who inherits?

The intestacy rules determine which relatives inherit and in what order. The outcome depends on the family circumstances at the date of death.

This can produce results that are different from what the person might have assumed.

For example, an unmarried partner does not automatically have the same inheritance rights as a spouse or civil partner under the intestacy rules.

What if the family situation is complicated?

Blended families, estranged relatives, jointly owned property and questions about who is entitled to apply can make an intestate estate more difficult to deal with.

It can be useful to establish the family tree and ownership of major assets early, before distributions are made.

Why making a Will can matter

A valid Will allows you to set out who you want to benefit from your estate and appoint the people you want to administer it, subject to the law and your individual circumstances.

It can also help reduce uncertainty for family members at an already difficult time.

Wills and estate support around Richmond

Richmond Wills & Probate works with individuals and families across Richmond, Teddington, Twickenham and south west London on will writing, probate and estate administration.

Find out more about Richmond Wills & Probate's services.

If someone has already died without a Will, the important first step is to establish who is entitled to deal with the estate and which intestacy rules apply.

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