Dying Without a Will in Gloucestershire: What the Intestacy Rules Mean for Your Family

• Posted onFebruary 11, 2026

What Happens If You Die Without a Will?

Many people assume their family will automatically inherit their estate when they die. When, in reality, this isn’t always the case. If you pass away without a Will, the law decides what happens to your money, property and possessions; not you.

This situation is known as dying intestate, and the rules that apply can produce outcomes that come as an unpleased surprise and often conflict to families at an already difficult time. WSP Solicitors Wills, Trusts and Probate team look at intestacy and what it means for families in Gloucestershire.

Who Inherits Under the Intestacy Rules?

The intestacy rules apply to estates in England and Wales. Who inherits depends entirely on your family circumstances at date of death.

Married or in a Civil Partnership (with children)

If the estate is £322,000 or less than your spouse or civil partner will inherit the entirety of the estate.

If the estate is worth over £322,000, the estate will be divided between your spouse/civil partner and your children.

The spouse or civil partner inherits:

• Up to £322,000 in assets, and half of the rest of the estate
• All of the personal possessions of the deceased.

The children of the deceased are entitled to a share of the half of the estate above £322,000.

Married or in a Civil Partnership (no children)

Your spouse inherits everything.

Unmarried Couples (with or without children)

Unmarried partners do not have an automatic right to inherit under the intestacy rules, regardless of how long they have lived together.

Instead, the estate passes to relatives in the following order:

• Children
• Parents
• Siblings
• Grandparents
• Aunts/uncles

This often comes as a surprise and can leave a surviving partner without financial protection or a right to remain in the family home.

No Close Family

If no eligible relatives can be identified, the estate may pass to more distant family members. Where no relatives are found at all, the estate goes to the Crown. This is known as bona vacantia.

Who Becomes the Administrator of the Estate?

When there is no Will, no executor has been appointed. A close relative must therefore apply to deal with the estate. This person is known as the administrator and has responsibilities similar to an executor.

The right to apply usually follows the same order as inheritance, beginning with:

• A spouse or civil partner
• Children
• Parents
• Siblings

The administrator must apply for Letters of Administration before managing the estate.

What Is the Process for an Intestate Estate?

Although every estate is different, the process typically involves:

1. Registering the death and obtaining the death certificate
2. Identifying the correct heirs under the intestacy rules
3. Valuing the estate, including property, savings and belongings
4. Applying for Letters of Administration
5. Paying debts and taxes (including Inheritance Tax)
6. Distributing the estate to the correct beneficiaries

Mistakes during this process can lead to delays, disputes between family members, or personal liability for the administrator.

Why Everyone Should Have a Will

A Will ensures:

• You choose who inherits
• You protect unmarried partners
• You can appoint guardians for children
•  You reduce the risk of family disputes
• You minimise delays and costs

Intestacy rarely reflects modern family structures, especially blended families, second marriages, or cohabiting couples.

Protect Your Family by Making a Legally Valid Will

If you want clarity, control, and peace of mind, a professionally drafted Will is essential. WSP Solicitors’ Private Client team can advise you on the best options for your circumstances and ensure your wishes are legally protected.

To find out more about making a will and intestacy you can visit our Private Client Law pages. You can get in touch with the team using the form on this page or by visiting here. Alternatively, you can call us on 01453847200.