When There Is No Will.
When someone passes away without leaving a valid Will, their estate must be distributed under the Rules of Intestacy. This strict legal hierarchy dictates who is entitled to apply for a Grant and receive a share of the estate.
These rules can often lead to unintended and unfair outcomes, especially in modern family dynamics. For example, an unmarried partner is not entitled to inherit, and children may become co-owners of the family home, creating legal and practical difficulties. Partial intestacy can also arise where a Will exists but doesn’t cover the entire estate.
At Vault Private Client, our intestacy specialists are here to help you understand your position, advise on entitlements, and navigate you through the entire process, including contentious matters, locating heirs, and managing complex family circumstances.
Navigating Intestacy Cases.
Under Section 46 of the Administration of Estates Act 1925, the law sets out the order of entitlement for who inherits. Here’s a summary:
- Surviving spouse only (no children): receives the entire estate
- Spouse and children: spouse gets £322,000 statutory legacy + all personal chattels + half of the remaining estate; children share the rest
- Children only: inherit equally (includes adopted and illegitimate children)
- No spouse/children: parents, then siblings, nieces/nephews, grandparents, and so on
- No surviving relatives: estate passes to the Crown under Bona Vacantia
Instead of a Grant of Probate, a Grant of Letters of Administration is needed. This requires detailed information on surviving relatives and may involve proving entitlement via legal oaths. If you’re unsure who can apply, we’ll provide clarity and prepare all documentation on your behalf.
If relatives entitled under intestacy cannot be found, we work with leading UK genealogists to trace missing heirs and handle all sensitive communications with professionalism and care.
THE BEST IN THE BUSINESS.
Our team has deep expertise in intestacy law, inheritance disputes, and tracing missing beneficiaries across the UK.
Russell Kaminski
Partner and Head of Private Client
Lucy Cresswell
Associate
Alison Rocca
Partner
Jason Stanley
Partner
Holly Greensmith
Solicitor
Matt Fleetwood
Group Chief Executive & Founder
Mark Dawson
Group Managing Director
Amanda McAlister
Head of Group Consumer Brands
Because We Are Here To Help You
Let us take the burden off your shoulders and ensure the estate is distributed legally, fairly, and with care.
“A top-quality and professional lawyer, and it is a pleasure to work with him.”
Probate Client
