Estate Disputes: What Happens When There Is No Will?

Without a will, strict legal rules determine who inherits. These rules do not always reflect the deceased’s wishes, which is a common cause of estate disputes.

What Are Intestacy Rules?

The intestacy rules set out who inherits when there is no will. They apply to assets that form part of the estate in England and Wales, but do not cover jointly owned property or certain financial products such as pensions or life insurance policies.

Who Inherits Under Intestacy?

• If there is a spouse or civil partner and children, the spouse receives personal belongings, a statutory legacy, and part of the remaining estate.
• If there is a spouse but no children, the spouse usually inherits everything.
• If there are children but no spouse, the children inherit equally.
• If there are no immediate family members, inheritance passes to extended relatives in a fixed order.

Unmarried partners, friends, and stepchildren (unless adopted) do not inherit under these rules, which can often lead to estate disputes.

Common Causes of Estate Disputes

Estate disputes frequently arise due to:

• Disagreements over who should administer the estate
• Confusion about entitlement under intestacy rules
• Claims that the distribution is unfair
• Exclusion of financially dependent individuals

Who Can Administer the Estate?

When there is no will, an administrator is appointed through a grant of letters of administration. Priority generally follows family hierarchy, starting with the spouse or civil partner.

Disputes can occur if multiple individuals wish to act, in which case the court may appoint an independent professional.

Responsibilities of an Administrator

• Identify and secure assets
• Pay debts and taxes
• Keep accurate estate accounts
• Distribute the estate in accordance with intestacy rules

Failure to carry out these duties properly can increase the risk of estate disputes and potential legal action.

Claims Under the Inheritance Act 1975

Certain individuals can make a claim for reasonable financial provision, even if they are not entitled under intestacy rules. This may include:

• Cohabiting partners
• Children (including adult children)
• Individuals financially dependent on the deceased

These claims must typically be made within six months of the grant of representation and are a common source of estate disputes.

How to Reduce Estate Disputes

While estate disputes can be complex, early legal advice and clear communication between parties can help minimise conflict. Administrators should act transparently and seek professional guidance where necessary.

Getting Legal Advice

What is set out above is a very brief summary of some general themes. Our Contentious Trusts and Probate team brings together specialists with many years of experience in this area of law including full members of ACTAPS (Association of Contentious Trust and Probate Specialists). If you require advice on a specific situation that you are involved in, please contact Jason Oliver in the first instance.

We publish blogs and social media posts to give a general overview of legal and commercial issues, relevant at the time of publication, which we hope you will find interesting. Please note that legal rules often change depending on the specific facts of a situation. The law also changes over time following changes in legislation or new court cases. We do not actively update our blogs or posts once they are published to reflect changes in the law.