Intestacy Solicitors

When someone dies without leaving a valid will, their estate is distributed according to the intestacy rules. These rules decide who inherits and in what shares, which may not reflect the wishes of the person who has died. At Hibberts, our experienced probate solicitors help families understand their rights, apply for Letters of Administration, and deal with the estate efficiently and sensitively.

If you are uncertain about what happens when there is no will, or who is entitled to manage the estate, our team is here to guide you as part of our probate services.

What Is Intestacy?

Intestacy occurs when someone dies without a valid will. In these circumstances, the law sets out a strict order of relatives who are entitled to inherit. This can sometimes produce unexpected or unfair outcomes, especially in modern family situations such as unmarried partners, second marriages or estranged relatives.

We can explain how the rules apply to your circumstances and what steps you need to take next.

Who Inherits If There Is No Will?

The intestacy rules determine who inherits the estate. Priority is given in a specific order, which usually begins with:

• the spouse or civil partner
• children
• parents
• siblings
• more distant relatives, depending on circumstances

Unmarried partners and stepchildren do not automatically inherit under the intestacy rules. If you are affected by this, we can advise you on your options.

Do You Need Letters of Administration?

When there is no will, there are no executors. Instead, one or more relatives must apply to the Probate Registry for Letters of Administration. This gives them the legal authority to deal with the estate.

You will usually need Letters of Administration when:

• assets are held in the deceased’s sole name
• a property needs to be sold or transferred
• a bank, building society or other organisation requests it
• the value of the estate exceeds certain thresholds

We can confirm whether you need to apply and who is entitled to act as administrator, and guide you through the Letters of Administration application process.

Common Issues with Intestacy

Intestacy can raise practical and emotional challenges, especially where family members have different expectations or relationships are strained. Common issues include:

• uncertainty over who is entitled to inherit
• disagreements between family members
• unmarried partners being excluded from inheritance
• complex estates with property, shares or business assets
• locating all entitled relatives

If disagreements arise, our contentious probate solicitors can advise you on resolving the issue as quickly and cost-effectively as possible.

How Hibberts Can Help

Our intestacy solicitors support families by:

• explaining how the intestacy rules apply
• confirming who is legally entitled to administer the estate
• valuing the estate and contacting banks, investment providers and other organisations
• preparing all inheritance tax paperwork
• applying for Letters of Administration
• administering the estate and preparing financial accounts
• advising on disputes or claims where necessary

We offer support for the application alone or can manage the entire estate administration on your behalf.

Intestacy Costs and Fees

We aim to provide clear and transparent pricing so that you know what to expect from the outset.

Depending on your needs, we can usually offer:

• a fixed fee or detailed estimate for the application for Letters of Administration
• a separate fee structure for full estate administration if you prefer us to handle everything

We will confirm our fees in writing, explain what is included, and keep you updated if anything changes. You can also view information about our Wills, Trusts & Probate fees on our website.

Why Choose Hibberts?

• Specialist intestacy and probate solicitors with extensive experience
• Local offices across Cheshire, including Nantwich, Crewe, Tarporley and Whitchurch
• Clear, practical advice tailored to your circumstances
• Supportive, approachable team during a difficult time
• Flexible levels of assistance depending on your needs

Need Help When There Is No Will?

If you are dealing with an estate where no will exists, or you are unsure who is entitled to apply for Letters of Administration, our probate team can help.

Contact Hibberts today by phone or complete our online enquiry form and we will get back to you promptly.

FAQs

What happens if there is no will?
The estate is divided according to the intestacy rules. We can explain who inherits and guide you through the next steps.

Can an unmarried partner inherit under intestacy?
No, unmarried partners do not automatically inherit. We can advise on possible claims or alternative options.

Who has the right to apply for Letters of Administration?
The law sets out a strict order of entitlement, beginning with spouses and children. We can confirm who should apply in your case.

What if relatives disagree?
If disputes arise, our contentious probate team can help resolve matters and protect your position.