The number of estates where the deceased has left behind assets but not a Will has risen by 17% to over 51,140 in the last year, up from 43,600 the previous year, reveals TWM Solicitors, a leading private wealth and family law firm.
Estates where the deceased passed without a Will are referred to as ‘intestate estates’.
TWM Solicitors explains that if someone dies without a Will, the estate often can’t be accessed informally. If they owned valuable assets – such as property, shares, or bank accounts – the court must issue a grant of letters of administration. This appoints someone to manage the estate.
In such cases, the court appoints someone to distribute assets according to strict intestacy rules, which may lead to outcomes the deceased never intended, including assets passing to estranged spouses, distant relatives the deceased may never have known, or even passing the money to the Crown if no surviving relatives can be traced.
TWM Solicitors warns that people often delay writing a Will because they feel they are too young or aren’t prepared to consider their end-of-life plans, but this can lead to significant legal and personal complications for those left behind.
“Additionally, many people assume they don’t need a Will yet, or that it’s a difficult process – especially in cases of estrangement or blended families,” says David Lunn, Managing Associate in the Private Client team at TWM Solicitors. “But dying without a valid Will can cause enormous distress and confusion for loved ones and often leads to outcomes that are completely at odds with the deceased’s wishes.”
The number of grants of letters of administration rose sharply in the last quarter – up 27% to 16,090, from 12,680 the previous quarter – reaching a five-year high.***
David Lunn, Managing Associate in Private Client at TWM Solicitors says: “Intestacy rules prioritise blood relatives and make little-to-no provision for unmarried or unregistered partners, who might miss out on inheriting property and possessions. So, if you are in a serious, long-term relationship, outside of marriage, then you really do need to consider writing a Will.”
Under intestacy rules:
- If the deceased was married or in a civil partnership, their spouse or civil partner would inherit the first £322,000
- The remainder is divided equally between the spouse and any children
- If there is no surviving spouse or children, a strict hierarchy of relatives is followed – which may bear little to no resemblance to the deceased’s personal wishes.
David Lunn illustrates the unintended consequences: “Imagine a childless, married couple, each one with a sibling. If they both die without Wills, who dies first determines which sibling inherits everything on the second death. If the husband dies first, the wife inherits the estate – and upon her death, her brother receives everything. If she dies first, the husband’s brother inherits instead. A well-drafted Will could have ensured both brothers were remembered, not just the ‘lucky’ one.”
TWM Solicitors says intestacy cases are likely to rise as more individuals die owning property, which typically requires a grant of letters of administration. High-net-worth individuals should also seek expert advice to ensure their estates are distributed as intended and to avoid unnecessary tax liabilities.
David Lunn concludes: “A carefully drafted will ensures that your estate is distributed according to your wishes, where any potential points of conflict or confusion have been thought through and dealt with in advance. It can also help avoid the need for court intervention and minimise the risk of future disputes.”
Estates without a valid will reach five-year high
Estates that contain assets sufficient enough to require a probate, typically these contain assets valued to be at least £50,000
Source: Ministry of Justice, 2023/24 vs 2022/23, year-end Q3 2024
Q3 vs Q2 2024, the most recent data on record.
