Intestacy Solicitors
When someone dies without a valid Will, their estate is dealt with under a fixed set of legal rules known as the intestacy rules. If the deceased is someone close to you then dealing with that loss is hard enough without also having to work through difficult questions about their estate.
For many families, the immediate questions are practical. Who inherits, who can deal with the estate, and what happens next? Those concerns often sit alongside grief, family pressure, and the worry that decisions may need to be made before everyone fully understands the legal position.
In simple terms, intestacy applies where someone dies without a valid Will. It can also arise where there is a valid Will, but it does not deal with the whole estate. This is known as a partial intestacy. In either situation, some or all of the estate may pass under the intestacy rules rather than according to the person’s wishes.
That can create real difficulty where family life does not fit neatly within a legal framework, particularly where there is an unmarried partner, a blended family, stepchildren, or property and assets that were expected to pass in a different way.
How we help with intestacy matters
These matters often need to be dealt with at a time when practical decisions can feel especially hard. That is why we guide you through the next steps in a way that feels clear and manageable.
At Cullimore Dutton, we help families deal with intestacy and partial intestacy issues as part of our wider private client and estate administration work. With a heritage dating back to 1792 and legal and financial advice available under one roof, we provide joined-up, practical support designed to reduce uncertainty and help you move matters forward with confidence.
If you are dealing with the estate of someone who died without a Will, call Cullimore Dutton today or complete the form below and we will help you understand the next sensible step.
Why work with Cullimore Dutton
Intestacy matters often arrive at the worst possible time. Families are grieving, paperwork is incomplete, and assumptions about what should happen may not match the legal reality. You need advice that is steady, clear and practical, with careful attention to detail and sensitivity to what the family is dealing with.
Cullimore Dutton has a heritage dating back to 1792, and that long-standing history matters in private client work where trust, care and consistency are so important. We take time to understand the people involved, explain the legal position in a way that feels organised rather than overwhelming, and help you move forward with confidence.
We are also one of the few firms able to offer legal and financial advice under one roof. That joined-up approach can be particularly valuable where an intestacy matter involves property, tax, pensions, investments, or wider family planning. It often means fewer moving parts, fewer gaps between advice, and a clearer overall picture for you and your family.
Above all, we know that these matters are personal. You can expect clear communication, a sensible pace, and a team that takes the practical burden seriously.
If you would rather talk things through with someone directly, call Cullimore Dutton today and we will help you move your matters forward.
Costs and fees
Cullimore Dutton’s advice is charged on a fixed fee or time served basis depending on the services required. In many instances there are additional third-party fees which are also chargeable.
We will explain what is likely to apply in your circumstances and provide a clear estimate tailored to your situation, so you can make informed decisions without unnecessary uncertainty.
Who inherits if there is no will?
One of the first questions after a death is often the simplest and most urgent: who inherits if there is no Will? For many families, that is the question they need answered first, even before they feel ready to deal with everything else that follows. In law, the answer is decided by a fixed legal order set by the intestacy rules.unmarried
In broad terms, the order of priority is:
- spouse or civil partner
- children or other direct descendants
- parents
- full brothers and sisters, or their children if they have already died
- half-brothers and half-sisters, or their children if they have already died
- grandparents
- aunts and uncles, or their children if they have already died
- half-aunts and half-uncles, or their children if they have already died
If there is someone entitled in an earlier category, the people below that category will not inherit.
The intestacy rules can produce outcomes that feel unexpected, particularly where family life does not fit neatly within that legal order of priority. One of the most common surprises is that an unmarried partner does not automatically inherit, however long the relationship may have lasted. The same is true for stepchildren, unless they were legally adopted.
It is also important to understand that a surviving spouse or civil partner does not always inherit the whole estate. Where there are children, the position is more nuanced. As of 2026, the statutory legacy remains £322,000 for deaths on or after 26 July 2023, although that figure is subject to review and can change.
In some estates, the position is more complicated still. The exact outcome can depend on the family structure, the type of assets involved, and whether the estate is fully intestate or affected by partial intestacy. If no entitled relatives can be found at all, the estate may pass to the Crown as bona vacantia.
If you would rather talk things through with someone directly, call Cullimore Dutton and we will help you understand what needs to happen now.
Our intestacy services
Intestacy issues often lead into other practical steps that need to be dealt with as part of administering the estate. Once the immediate position is understood, families usually need help not only with who inherits, but with the legal and administrative work that follows.
Letters of administration
Where someone dies without a valid Will, there is no executor appointed by the deceased. The appropriate person will usually need to apply for letters of administration before the estate can be dealt with properly. We can advise on who has priority to apply and help make sure the right process is followed from the outset.
Estate administration
Once authority is in place, the estate still needs to be identified, administered correctly, and distributed in accordance with the intestacy rules. We can guide personal representatives through that process and help ensure the administration is progressed in a clear and orderly way.
Partial intestacy matters
Sometimes the issue is not a complete intestacy, but a partial intestacy. This can happen where there is a valid Will, but it does not deal with the whole estate effectively. In those cases, part of the estate may still fall under the intestacy rules. We can help identify where that has happened and advise on the implications for the administration.
Deeds of variation
In some circumstances, it may be possible to adjust the outcome after death by using a deed of variation. This is a legal document that can, where appropriate, redirect all or part of an inheritance. It is not suitable in every case, but it can sometimes help families reach a more practical outcome.
Wills and future planning
Many clients come to us for intestacy advice after seeing first-hand how difficult things can become when someone dies without a valid Will. Our Will writing solicitors can also help individuals and families put clear arrangements in place for the future, so their wishes are properly recorded and future uncertainty is reduced.
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Experienced
Our team has more than 70 years’ experience of helping, supporting, and advising clients on their Wills, LPAs, Trusts, Tax and Estates.
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Specialists
Our team are all specialists in this area of law and are either qualified members or working towards membership of STEP (Society of Trust and Estate Practitioners).
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Understanding
We understand the importance of delivering a considerate and approachable service when dealing with sensitive matters at what can often be a difficult time.
How intestacy affects the administration of an estate
The administration of the estate can take a different route
Once the initial question of who may inherit has been understood, the next issue is usually how the estate can actually be dealt with.
Where there is no valid Will, there is no executor appointed by the person who has died. That means the estate cannot simply be administered in the usual way set out in a Will. Instead, the right person will usually need to apply for letters of administration before they can begin identifying and dealing with the estate assets, contacting banks and other institutions, and progressing the administration properly.
Practical difficulties can arise quite quickly
This is often the point at which families realise intestacy is not only a legal definition. It can shape the administration itself, from the documents that are needed to the practical decisions that follow..
Matters can become more sensitive where family members are unsure who should take the lead, or where the estate includes a home, blended family arrangements, or assets that do not fit neatly with what people expected.
Partial intestacy can add another layer of complexity
A similar difficulty can arise where there is a partial intestacy. Even though a Will exists, if it does not deal with the whole estate effectively, the part that has not been covered may still need to be administered under the intestacy rules.
That can come as an unwelcome surprise and may leave families dealing with a more complicated process than they had anticipated.
Why early advice can help
At that stage, what most people need is a clear understanding of what happens next. We help clients work out what practical steps need to be taken, and whether there are any issues that may affect the administration of the estate from the outset.
If you are unsure how intestacy or partial intestacy affects the administration of an estate, call Cullimore Dutton and we will guide you through the next steps.
Who will work on your intestacy matter?
Your matter will be handled or supervised by a fully qualified lawyer with substantial experience in private client work. Some elements may be supported by our Paralegal team, with administrative duties undertaken by our support staff.
Intestacy matters can involve more than one stage, from identifying who is entitled to act, to progressing the administration itself, and sometimes dealing with wider issues that arise along the way. We will always be clear about who is handling your matter, what stage has been reached, and what the next steps are likely to be.
Our private client team advises on Wills, estates, trusts and estate administration. Where a matter raises wider questions, such as partial intestacy, post-death planning, or a possible claim, we will explain what is involved and whether any additional advice may be needed.
Above all, you can expect a consistent point of contact, clear communication, and a team that understands these matters need to be handled with care as well as technical accuracy.
If you would like to speak to someone about an intestacy matter, call Cullimore Dutton today and we will help you understand the next sensible step.
Frequently asked questions about intestacy
The first step is usually to gather the key information about the estate and the family position, so it is clear who may be entitled to deal with matters and what assets and liabilities are involved. It can also help to identify any urgent practical issues, such as property, bank accounts, or ongoing bills. Early advice can make it much easier to work out the right next step before assumptions are made.
Before assuming an estate is intestate, it is sensible to check whether a valid Will exists. In England and Wales, you can search probate records and order a copy of a probate record, including a Will if there is one, through the official probate search service. There are separate processes in Scotland and Northern Ireland.
Not always immediately, but in most intestacy matters they will be needed before the estate can be fully dealt with. Whether anything can be done before the grant is issued will depend on the nature of the assets and the organisations involved. We can help you understand what can be progressed now and what will need to wait.
If possible, it helps to have the death certificate, any information about property, bank accounts, savings, debts, pensions and investments, and a rough understanding of the family structure. You do not need to have everything in order before asking for advice. In many cases, the first step is simply working out what information is needed and where to find it.
A bank account is usually frozen once the bank is told about the death, although procedures vary between institutions. The person dealing with the estate may need letters of administration before they can access or close the account, but some banks may release funds for certain purposes, such as funeral expenses or inheritance tax, depending on their policies and the circumstances.
If a child inherits under the intestacy rules and is under 18, they do not usually receive their inheritance straight away. Their share is normally held on statutory trusts until they reach 18, although income may be used for their maintenance, education or benefit in the meantime.
That depends on the size and complexity of the estate, the assets involved, and whether there is any uncertainty about who is entitled to act or inherit. Some estates are relatively straightforward. Others take longer because information needs to be gathered, property needs to be dealt with, or family circumstances are more complicated. We will explain the likely stages and keep you updated throughout.
This can happen, particularly where more than one person believes they should take the lead or where relationships are already strained. In those situations, it is important to understand the legal order of priority and to deal with the issue carefully from the outset. We can help clarify the position and advise on the options where agreement is difficult.
In some cases, yes. However, even where the estate appears straightforward, intestacy can create issues that are not obvious at first, particularly if there is property, a blended family, uncertainty about entitlement, or the possibility of partial intestacy. Many people want reassurance that the process is being handled properly and that nothing important is being missed.
A property can make matters more complicated, particularly if it was owned in the sole name of the person who died, if someone is still living there, or if there is uncertainty about how it should be dealt with as part of the administration. We can help you understand the legal and practical issues involved and how they fit within the wider estate.
It is still worth taking advice. Sometimes an issue only becomes clear once assets are being reviewed or documents are being checked. That may involve uncertainty about entitlement, a problem with the way part of the estate has been left, or a question about whether there is a partial intestacy. The important thing is to understand the position clearly and deal with it before matters become more difficult.
Sometimes, yes. The intestacy rules themselves follow a fixed legal order, but that does not always mean the outcome cannot be challenged or adjusted. In some circumstances, a person may be able to bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe reasonable financial provision has not been made for them. Whether that is possible will depend on the relationship, the circumstances and the timing.
The main risk is that the outcome may not reflect the reality of your family life or what you would actually want to happen. The rules follow a fixed legal order and do not take account of personal wishes, informal promises or modern family arrangements.
The clearest way to avoid intestacy is to make a valid Will and to review it when circumstances change. A partial intestacy can also arise where a Will exists but does not deal with the whole estate properly, so it is important that the Will is kept up to date and drafted carefully. This can help reduce the risk of uncertainty, delay and outcomes that do not reflect your wishes.
Yes. Cullimore Dutton’s advice is charged on a fixed fee or time served basis depending on the services required. In many instances there are additional third-party fees which are also chargeable. We will explain what is likely to apply in your circumstances and provide a clear estimate tailored to your situation.
Usually, it is sensible to ask for advice as soon as it becomes clear there is no valid Will, or where there is uncertainty about whether the Will deals with the whole estate. That early conversation can help avoid delay, reduce confusion, and give you a clearer sense of what needs to happen next.
Who will work on your intestacy matter?
Your matter will be handled or supervised by a fully qualified lawyer with substantial experience in private client work. Some elements may be supported by our Paralegal team, with administrative duties undertaken by our support staff.
Intestacy matters can involve more than one stage, from identifying who is entitled to act, to progressing the administration itself, and sometimes dealing with wider issues that arise along the way. We will always be clear about who is handling your matter, what stage has been reached, and what the next steps are likely to be.
Our private client team advises on Wills, estates, trusts and estate administration. Where a matter raises wider questions, such as partial intestacy, post-death planning, or a possible claim, we will explain what is involved and whether any additional advice may be needed.
Above all, you can expect a consistent point of contact, clear communication, and a team that understands these matters need to be handled with care as well as technical accuracy.
As Head of Private Client, Adele Bebbington-Plant has overall responsibility for the supervision of all work carried out by her team.
Key Contact
Contact Cullimore Dutton’s intestacy solicitors today
If someone close to you has died without a Will, it is natural to want clear answers quickly.You may be trying to understand who can deal with the estate, what the rules mean for your family, or what needs to happen now.
Cullimore Dutton is one of Cheshire’s most established law firms. You can expect careful legal work, clear communication and compassionate support, so you understand your options and can make decisions with confidence. From our offices in Chester & Knutsford, we regularly act as solicitors for power of attorney in Wilmslow, Alderley Edge, Prestbury, Bowdon, Hale, Tarporley, Tattenhall, Christleton, Malpas, Farndon, Holt, and beyond.
Call Cullimore Dutton on 01244 356789 today or complete our enquiry form to arrange an initial conversation. We will listen carefully, help you understand where you stand, and guide you towards the next step with greater confidence.