Probate When There's No Will

No, you can’t make a will after someone’s death. But you might be able to alter your share of the estate, split your share with others, and possibly minimise inheritance tax with a deed of variation.

You can’t get a Grant of Probate, but you can get a document called a Grant of Letters of Administration, which is similar. This gives you the authority to administer the estate.

If a person dies without a will, intestacy rules mean:

• Their spouse will inherit all their personal possessions, and the first £322,000 of their estate
• If the estate is valued over £322,000, the remaining value will be split 50/50 between the spouse and children.

Under these rules, unmarried partners and stepchildren won’t get anything. Siblings or grandchildren of the person who’s died will only inherit if there is no surviving spouse or children.

It might be possible to make a claim under the Inheritance Act 1975. We’ll talk to you about your unique situation, to see if you have grounds for a claim. We have helped many people claim what was fairly theirs in very difficult ‘no will’ situations.

Cousins can inherit under the rules of intestacy, but only if the person who’s died is unmarried and has no:

• Parents
• Children
• Siblings
• Nieces or nephews
• Half siblings
• Grandparents
• Aunts or uncles