Wills & intestacy

Whether someone you love has died without making a will, or you're trying to understand your responsibilities as an executor, this section guides you through the key processes. We cover intestacy rules, what executors actually do, how to track down a will, and what to do if you believe a will should be challenged.

If there's no will: intestacy rules in England and Wales

When someone dies without a valid will, they are said to have died intestate. The estate does not automatically pass to the next of kin — instead, a strict legal order set out in the Administration of Estates Act 1925 determines who inherits.

If the deceased leaves a surviving spouse or civil partner, they always inherit first. If there are no children, the spouse or civil partner inherits the entire estate. If there are also children, the spouse or civil partner receives all personal belongings, a fixed statutory legacy of £322,000 (the figure in force since July 2023), and half of anything left over. The children share the remaining half equally — but only once they reach 18.

If there is no surviving spouse or civil partner, the estate passes — in strict order — to:

• Children (or their descendants if a child has already died)
• Parents
• Siblings of the whole blood (or their descendants)
• Siblings of the half blood (or their descendants)
• Grandparents
• Aunts and uncles of the whole blood (or their descendants)
• Aunts and uncles of the half blood (or their descendants)

If no relatives can be found, the estate passes to the Crown (bona vacantia). Unmarried partners, close friends, and stepchildren have no automatic right to inherit under intestacy law, regardless of how long they lived with the deceased. For the full rules and an interactive tool to check entitlement, see GOV.UK: who inherits if someone dies without a will .

Executor duties: what the role actually involves

An executor is the person named in a will to carry out the deceased's wishes. The role begins at death and ends only when the estate has been fully distributed — a process that often takes six to twelve months, sometimes longer if there are complications.

Key responsibilities include:

• Registering the death and obtaining the death certificate
• Locating the will and notifying beneficiaries of their entitlement
• Valuing the estate — property, savings, investments, possessions — and establishing whether any debts are owed
• Applying for a Grant of Probate from HMCTS, which gives legal authority to administer the estate (required by most banks and financial institutions before releasing funds)
• Paying any Inheritance Tax due before probate is granted, if the estate exceeds the relevant threshold
• Settling outstanding debts and liabilities before distributing to beneficiaries
• Filing a final tax return for the deceased if required
• Distributing what remains to the beneficiaries as directed by the will

Executors can be held personally liable if they distribute an estate incorrectly — for example, paying beneficiaries before settling debts. If the estate is complex, taking professional legal advice is sensible. Full guidance on applying for probate is available at GOV.UK: wills, probate and inheritance .

How to find a will after someone dies

Start with the obvious places: the deceased's home (filing cabinets, desk drawers, a fireproof safe), and with their solicitor if they used one for legal work. Banks sometimes hold wills in safekeeping too.

If you cannot find a physical copy, two services can help:

• Certainty National Will Register — a voluntary registration service where solicitors and individuals can register that a will exists and where it is stored. It holds records for millions of wills and can be searched for a fee. Note that registration is not compulsory, so absence from the register does not mean no will exists.
• HMCTS Probate Search — if probate has already been granted on the estate, the will becomes a public document. You can search online at GOV.UK: search for probate records for deaths from 1858 onwards. An online copy costs £16. Alternatively, submit form PA1S by post. Records typically appear around two weeks after probate is granted.

Once you have located the will, you will need the original document — not a photocopy — for the probate application. See GOV.UK: wills, probate and inheritance for the full process.

Contesting a will

A will can be challenged on specific legal grounds — most commonly that the person lacked mental capacity when they made it, that they were subject to undue influence, or that the will was not properly signed and witnessed. Family members or dependants who feel they were not adequately provided for may also make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Contesting a will is governed by strict time limits — for 1975 Act claims, you generally have six months from the date probate is granted to bring a claim. If you believe you have grounds to challenge, take legal advice from a solicitor specialising in contentious probate as early as possible. Do not wait until the estate has been distributed.