When someone dies without leaving a valid will, their estate is distributed under the rules of intestacy. These rules decide who inherits, who has priority to administer the estate and how the deceased person's assets should be divided. For some families, the intestacy rules produce a straightforward outcome. For others, they can feel unfair, outdated or completely out of step with the deceased person's personal circumstances. This is particularly common where the deceased had an unmarried partner, stepchildren, a blended family, estranged relatives or dependants who relied on them financially. This often leads to an important question: can you contest intestate succession? The answer is yes, but not simply because you are unhappy with the outcome. Intestacy rules are fixed by law, so they cannot usually be challenged just because they produce a result that feels unfair. However, there may be legal routes available if someone believes the estate has not made reasonable financial provision for them, if there is a dispute over who should inherit, or if there are concerns about how the estate is being administered. Understanding the difference between contesting a will, challenging intestacy and making a claim against an estate is essential.
Intestate succession refers to the legal process of deciding who inherits when someone dies without a valid will.
In England and Wales, the rules of intestacy set out a strict order of entitlement. The estate does not pass according to informal wishes, family assumptions or what relatives believe the deceased would have wanted. Instead, the law decides.
The rules usually prioritise a surviving spouse or civil partner, followed by children and other close blood relatives. Unmarried partners do not automatically inherit under the intestacy rules, no matter how long the relationship lasted. Stepchildren also do not automatically inherit unless they were legally adopted.
Where someone dies leaving a spouse or civil partner and children, the spouse or civil partner will usually receive the deceased's personal possessions, a statutory legacy and half of the remaining estate. The children then receive the other half of the remaining estate equally. As the statutory legacy can change over time, it is important to check the current figure before administering the estate.
If no eligible relatives can be found, the estate may pass to the Crown. This is known as bona vacantia.
The intestacy rules themselves cannot usually be challenged simply because they produce an outcome that someone dislikes. They are statutory rules, which means they apply automatically unless a valid will exists or another recognised legal claim is made.
However, it may be possible to challenge the way an intestate estate is being dealt with, or to make a claim for financial provision from the estate.
This means there is an important distinction between challenging the rules and challenging the outcome. The rules may still apply, but the court may be asked to intervene where the result fails to make reasonable financial provision for someone who is legally entitled to bring a claim.
This is most commonly done under the Inheritance (Provision for Family and Dependants) Act 1975. The Act allows certain people to apply to the court where the distribution of an estate, whether under a will or intestacy, does not make reasonable financial provision for them.
Not everyone can bring a claim against an intestate estate. The law limits claims to certain categories of people.
Those who may be able to bring a claim include a spouse or civil partner, a former spouse or civil partner who has not remarried or entered into a new civil partnership, a person who lived with the deceased as a partner for at least two years before death, a child of the deceased, someone treated as a child of the family, or someone who was being maintained financially by the deceased.
This is particularly important for unmarried partners. Although they do not automatically inherit under the intestacy rules, they may be able to bring a claim if they lived with the deceased as a partner for the required period or were financially dependent on them.
Adult children may also be able to bring claims, although these can be more difficult depending on their financial circumstances and the nature of their relationship with the deceased.
Stepchildren may be able to claim if they were treated as a child of the family, even though they do not automatically inherit under intestacy unless legally adopted.
An Inheritance Act claim is not a claim that the intestacy rules are invalid. Instead, it is a claim that the estate has not made reasonable financial provision for the person bringing the claim.
The court will consider several factors. These may include the claimant's financial needs and resources, the needs and resources of other beneficiaries, the size and nature of the estate, any obligations the deceased had towards the claimant and any physical or mental disability affecting the claimant or beneficiaries.
For spouses and civil partners, the standard of reasonable financial provision is different from most other claimants. The court may consider what it would be reasonable for them to receive in all the circumstances, not just what they need for maintenance.
For other claimants, such as adult children, cohabiting partners or dependants, the focus is usually on reasonable provision for maintenance.
These claims are highly fact-specific.
Two estates with similar values can produce very different outcomes depending on the family circumstances, financial dependency and evidence available.
Unmarried partners are one of the groups most commonly affected by intestacy.
Many couples live together for years, share a home, raise children and combine finances without marrying or entering into a civil partnership. However, the intestacy rules do not recognise a “common law spouse”. This means an unmarried partner may receive nothing automatically from the estate.
The position may be different where property or accounts were jointly owned. Assets held as joint tenants may pass automatically to the surviving joint owner outside the intestacy rules.
However, if property was owned as tenants in common, the deceased's share forms part of the estate and may pass to relatives under intestacy.
This can leave surviving partners in a vulnerable position, particularly where they relied on the deceased financially or expected to continue living in the shared home.
In these circumstances, an Inheritance Act claim may provide a route to seek financial provision from the estate.
Children are usually included under the intestacy rules, but disputes can still arise. For example, a child may feel that the distribution under intestacy does not meet their financial needs, particularly where they were financially dependent on the deceased, have a disability or were receiving regular support.
Adult children can bring Inheritance Act claims, but success is not automatic. The court will consider whether reasonable financial provision has already been made and whether further provision is justified based on the circumstances of the case.
Stepchildren are treated differently under the intestacy rules. They do not automatically inherit unless they were legally adopted by the deceased. This can create outcomes that feel unfair, especially where the deceased treated a stepchild as their own for many years.
However, a stepchild may be able to bring a claim if they were treated as a child of the family. The court will consider the nature of the relationship, whether the deceased provided financial support, whether they lived together and whether the deceased assumed a parental role.
Disputes can also arise in blended families, particularly where there are children from different relationships.
In these situations, early legal advice is important, as time limits may apply and the estate may be distributed if no claim is raised in time.
Contesting intestate succession is not always about who inherits. Sometimes the dispute concerns who should administer the estate.
Where there is no will, there is no executor. Instead, someone must apply for Letters of Administration. The law sets out who has priority to apply, usually beginning with the person or people most entitled to inherit.
Disagreements can arise where multiple relatives have equal priority, where family relationships are strained, or where there are concerns about whether a proposed administrator will act fairly.
An administrator has significant responsibility. They must collect assets, pay debts, deal with tax and distribute the estate correctly. If beneficiaries believe an administrator is acting improperly, delaying matters or mismanaging estate assets, legal steps may be available.
In some cases, it may be possible to challenge an appointment or seek directions from the court. Where an administrator has already been appointed and is failing in their duties, an application for removal or replacement may be considered.
Sometimes an estate is initially treated as intestate because no will can be found. If a valid will is discovered later, this can change the entire basis on which the estate should be administered.
The will may appoint executors, name different beneficiaries or distribute the estate in a way that differs from the intestacy rules.
If Letters of Administration have already been granted, further steps may be needed to correct the position. If assets have already been distributed, the situation can become more complex.
This is why it is important to carry out proper searches for a will before assuming that someone died intestate.
Searches may include checking the deceased's home, contacting solicitors, reviewing personal papers and using will registration services where appropriate.
In some cases, beneficiaries may agree to vary the way the estate is distributed.
A deed of variation can allow beneficiaries to redirect their inheritance. This may be done for family reasons, tax planning reasons or to make provision for someone who would otherwise receive nothing under the intestacy rules.
A deed of variation must be handled carefully. The affected beneficiaries must agree, and there are strict rules if the variation is intended to be effective for inheritance tax or capital gains tax purposes. Usually, the deed must be made within two years of death for these tax effects to apply.
A deed of variation can be helpful where the family agrees that the intestacy outcome should be adjusted. However, it is not always available. If beneficiaries do not agree, a formal claim may be needed.
Time limits are an important consideration.
For Inheritance Act claims, the usual deadline is six months from the date of the Grant of Representation. Claims may be brought outside this period only with the court's permission, which is not guaranteed.
This means anyone considering a claim should seek advice as early as possible. Waiting too long can make matters more difficult, especially if the estate has already been distributed.
Other types of disputes may have different limitation periods, depending on the nature of the claim. However, delay is rarely helpful in probate disputes. Early action can preserve evidence, prevent premature distribution and improve the prospects of resolving matters without unnecessary escalation.
Many intestacy disputes are resolved without a full court hearing.
Negotiation, correspondence between solicitors and mediation can often help parties reach an agreement.
This is particularly important in family disputes, where preserving relationships may be a priority. Court proceedings can be expensive, stressful and time-consuming, so alternative dispute resolution is often encouraged.
However, some cases do require court involvement, particularly where there are serious disagreements, complex financial issues or concerns about the conduct of an administrator.
A carefully prepared claim, supported by evidence and clear legal reasoning, is much more likely to be taken seriously and resolved effectively.
The evidence required will depend on the type of claim being made. For an Inheritance Act claim, evidence may include financial records, details of income and expenditure, proof of dependency, medical evidence, information about the relationship with the deceased and details of the estate.
For disputes about administration, evidence may include correspondence, estate accounts, asset valuations, bank records and proof of delay or mismanagement.
Where a person claims that they were treated as a child of the family or financially maintained by the deceased, evidence of the relationship and support provided will be particularly important. Good evidence can make the difference between a strong claim and a speculative dispute.
Intestacy disputes can be legally and emotionally complex. They often involve family expectations, financial dependency, property ownership and questions about what the deceased may have intended, even though no valid will exists.
Expert advice is important because the legal route will depend on the circumstances. Some cases may involve an Inheritance Act claim. Others may involve a dispute about administration, the discovery of a later will, a deed of variation, or questions about jointly owned property.
Understanding the correct legal route from the outset can help avoid wasted time and unnecessary conflict.
A specialist probate solicitor can assess the facts, explain the available options and help determine whether a claim is realistic. They can also help protect the estate from premature distribution while a dispute is being considered.
Intestate succession cannot usually be challenged simply because someone disagrees with the rules or feels disappointed by the outcome. However, there are legal routes available where the distribution of an intestate estate fails to make reasonable financial provision, where there is a dispute over who should administer the estate, or where concerns arise about how the estate is being handled.
Unmarried partners, dependants, children and stepchildren are often among those most affected by intestacy. The law provides potential remedies, but claims are fact-specific and subject to strict time limits.
Intestacy disputes require careful handling. Early advice can help clarify whether a claim is possible, what evidence is needed and how best to protect the estate while the issue is resolved.
The best way to avoid uncertainty is to make a valid, professionally drafted will. However, where someone has died intestate and the outcome is disputed, specialist legal advice can help families understand their position and take the appropriate next steps.
At Premier Solicitors, our experienced probate and contentious probate solicitors advise families on intestacy disputes, Inheritance Act claims and estate administration issues.
We help clients understand whether they may have grounds to challenge the outcome of intestate succession, whether a claim for reasonable financial provision is possible and how disputes over administration can be resolved.
Our team provides clear, practical advice at what is often a difficult and sensitive time. Whether you are concerned about being excluded under the intestacy rules, are acting as an administrator, or are involved in a dispute about an estate, we can help you understand your options and move forward with confidence.
Read more blog posts which Gary has written for this website.
