Estates without a valid Will reach 5-year high. Those not leaving a Will but have left assets have risen to 51,140*.  This is up 17% from 43,600 in the previous year.

Hence, estates where the deceased passes without a Will are known as ‘Intestate Estates’.

Grant of Letters of Administration

Notably, if someone dies without a Will, you can’t gain easy access to their estate. Moreover, if they owned assets, such as property, the court must issue a grant of letters of administration. Ultimately, this appoints someone to manage the estate.

In such cases, the court appoints someone to distribute assets.  But they need to follow strict intestacy rules.  Thus, this may lead to outcomes the deceased never intended.  Such as assets passing to estranged spouses and/or distant relatives.  Or, even passing the money to the Crown if no surviving relatives can be found.

Accordingly, the number of grants of letters of administration rose sharply in the last quarter.  In brief, up 27% to 16,090, from 12,680 the previous quarter.

In particular, many people delay writing a Will because they consider themselves too young.  Similarly, they do not wish to consider their end-of-life plan.  But, this can lead to legal and personal complications for loved ones left behind. 

Intestacy Rules

Notably, intestacy rules prioritise blood relatives.  Yet, makes little to no provision for unmarried partners.  As such, loved ones may miss out on inheriting property and possessions.  

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.  This may bear little to no resemblance to the deceased’s personal wishes.

In summary, intestacy cases are likely to rise as more individuals die owning property.  As such, this typically requires a grant of letters of administration.

For help with writing your Will, call us today on 01603-957599. For your free initial meeting, contact us.

*Source: Ministry of Justice, 2023/24 vs 2022/23, year-end Q3 2024