Intestacy Solicitors
When someone dies without creating a valid Will, the people they leave behind can face a confusing and stressful situation. You may be unsure who is legally entitled to inherit, how to access bank accounts or property, or even where to start. At a time of grief, dealing with unfamiliar legal processes can feel overwhelming.
Our Wills, trusts and estates solicitors have extensive experience guiding families through intestate estates with clarity and care. We explain your entitlements, manage the application for Letters of Administration (the legal authority needed to administer an estate when there’s no Will), and ensure the estate is dealt with properly and lawfully.
Rest assured, our solicitors are here to take the complexity out of the process and support you every step of the way.
Our intestacy solicitors can help with matters including:
- Advising on the intestacy rules and who’s entitled to inherit
- Applying for Letters of Administration
- Administering intestate estates from start to finish
- Advising on partial intestacy where a Will exists but doesn’t cover all assets
- Preparing deeds of variation to redirect inheritance after death
- Advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975
Speak to an intestacy solicitor today
To speak with a specialist intestacy solicitor, please call 0208 680 5018 or contact your nearest Atkins Hope office in Croydon, Medway, Blackheath or Guildford.
If you’d prefer to make an enquiry online, use our simple online enquiry form, and a member of our team will respond promptly.
What is intestacy and when do the intestacy rules apply?
Intestacy occurs when someone dies without leaving a valid Will. Where a Will exists but doesn’t cover some or all of an estate, this is known as partial intestacy. In both situations, the intestacy rules set out in the Administration of Estates Act 1925 determine how those assets are distributed.
The intestacy rules apply automatically. They don’t account for personal wishes, long-term relationships that aren’t formalised through marriage or civil partnership, or informal family arrangements. If you’re dealing with an estate and there’s no valid Will in place, our probate and estate administration solicitors can explain what happens next and how to move forward.
Who inherits under the rules of intestacy in England and Wales?
The intestacy rules follow a strict order of priority. A surviving spouse or civil partner inherits first, followed by children, grandchildren, parents, siblings, and more distant relatives. If no relatives can be identified, the estate passes to the Crown, a process known as bona vacantia (meaning “ownerless property”).
Importantly, unmarried partners have no automatic right to inherit under the intestacy rules, regardless of how long the relationship lasted.
Where children survive alongside a spouse or civil partner, the estate is divided according to a specific formula involving a statutory legacy (a fixed sum the spouse or civil partner receives outright). We’ll explain exactly how this applies to your circumstances.
How to apply for Letters of Administration
Where there’s no Will, you’ll need to apply for Letters of Administration before you can manage or distribute the estate. Letters of Administration are a legal document issued by the Probate Registry confirming your authority to act as administrator of the estate.
Who can apply follows the same order of priority as the intestacy rules. A surviving spouse or civil partner generally has first priority, followed by children and other relatives. Our probate solicitors will confirm whether you’re entitled to apply, gather the necessary paperwork, complete the application and liaise with the Probate Registry on your behalf.
Common problems we help resolve in intestate estates
Intestate estates often present complications that go beyond the standard administration process. We help families with tracing assets, identifying debts and dealing with complex financial arrangements.
Where disputes arise between family members over entitlement or distribution, our contentious probate solicitors can advise on resolving disagreements as efficiently as possible, whether through negotiation or, where necessary, through the courts.
Deeds of variation and Inheritance Act claims after intestacy
The intestacy rules don’t always produce a fair or practical outcome for everyone involved. Fortunately, there are legal options available after death to address this.
A deed of variation allows beneficiaries to redirect their inheritance to another person within two years of the date of death. This can be a useful tool for tax planning or for ensuring that someone who was close to the deceased, but who isn’t entitled under the intestacy rules, receives a share of the estate.
Separately, if you were financially dependent on the deceased and have received nothing or insufficient provision, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. We advise on both options and will help you understand which route is most appropriate for your situation.
Our fees for intestacy and Letters of Administration
Our intestacy solicitors offer clear, transparent pricing and will explain our fees before we begin any work. For straightforward Letters of Administration applications, we may be able to offer a fixed fee. For more complex estate matters, our fees are based on the time involved.
Full details of our pricing are available on our probate pricing page.
Why choose Atkins Hope as your intestacy solicitors
We combine legal expertise with a genuinely personal approach. Our solicitors take time to understand your family’s situation, explain the intestacy rules in plain English and handle matters as efficiently as possible, so you can focus on what matters most.
With offices in Croydon, Medway, Blackheath and Guildford, we’re accessible across London and the South East. We also work alongside our Wills solicitors to help families plan ahead and avoid the complications of intestacy in the future.
Frequently asked questions
What does it mean to die intestate?
To die intestate means to die without leaving a valid Will. When this happens, the intestacy rules in England and Wales determine how the estate is distributed. The rules follow a fixed order of priority and may not reflect what the deceased would have wished.
Who can apply to be administrator of an estate if there is no Will?
The right to apply for Letters of Administration follows the same order of priority as the intestacy rules. A surviving spouse or civil partner has first priority, followed by children, grandchildren, and then more distant relatives. Where more than one person has an equal right to apply, they may apply together or one may formally step aside.
Does my partner inherit if we were not married?
No. Unmarried partners have no automatic right to inherit under the intestacy rules, however long the relationship lasted. If you were financially dependent on the deceased, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. We can advise you on your options.
How long do Letters of Administration take to obtain?
The timeframe depends on the complexity of the estate and how quickly the Probate Registry processes the application. In straightforward cases, it can take several weeks to a few months. Our solicitors work proactively to avoid unnecessary delays and will keep you updated throughout.
What is the statutory legacy and how much is it?
The statutory legacy is the fixed sum that a surviving spouse or civil partner receives outright from an intestate estate when there are also surviving children. The amount is set by legislation and reviewed periodically. Our solicitors will confirm the current figure and explain how the remainder of the estate is then divided.
Can the intestacy rules be changed after death?
The intestacy rules themselves can’t be changed, but the distribution of an estate can sometimes be altered by agreement. A deed of variation, signed by the relevant beneficiaries within two years of the death, can redirect inherited assets. All affected beneficiaries must agree, and the document must be drafted correctly to be legally effective.
What happens if no relatives can be found?
If no relatives entitled to inherit under the intestacy rules can be identified, the estate passes to the Crown as bona vacantia. In practice, efforts are made to trace relatives before this outcome is reached. We can advise on the steps involved and, where appropriate, assist with tracing missing family members.
Get in touch with our intestacy solicitors
To speak with a specialist intestacy solicitor, please call 0208 680 5018 or contact your nearest Atkins Hope office in Croydon, Medway, Blackheath or Guildford.
If you’d prefer to make an enquiry online, use our simple online enquiry form, and a member of our team will respond promptly.
