The number of estates left behind without a valid will has surged dramatically, reaching a five-year high. According to recent data from the Ministry of Justice, intestate estates rose by 17% to 51,140 in the last year, up from 43,600 the previous year. That’s more than 50,000 estates where grieving families are left navigating a complex legal process without clear instructions from the deceased.
This rise in intestate estates has also led to an increase in inheritance disputes, as families face uncertainty over who is entitled to what. In many cases, people delay making a will or mistakenly believe that their assets will automatically pass to their partner or children. However, the law doesn’t always reflect these assumptions — particularly in situations where the deceased wasn’t married or where the family structure is more complex.
What Is Intestacy?
When someone dies without a valid will, they are said to have died intestate. In such cases, their estate is distributed according to the rules of intestacy, a strict legal framework that does not take personal wishes into account. This can lead to unexpected outcomes — for example, unmarried partners or stepchildren may receive nothing, even if they were close to the deceased.
In the majority of cases, before any assets can be released, a legal document called a Grant of Letters of Administration must be obtained. This grant gives the appointed Administrator the authority to collect assets, pay off debts, and distribute the estate. However, the process can be lengthy and complicated, especially if there are unknown heirs or disputes over inheritance.
How Our Inheritance Tracing Team Can Help
At Taylor Emmet Solicitors, we understand that dealing with an intestate estate can feel overwhelming. Our dedicated Inheritance Tracing team works with families to simplify the process and reduce the burden.
Here’s how we can assist:
Identify and Trace Next of Kin
Working together with leading genealogists, we identify and locate rightful heirs — even when family members are unknown or widely scattered. This ensures the estate is distributed according to the law, with no one overlooked. If any beneficiaries cannot be traced then we can advise on the best way forward to protect the Administrator from any future claims.
Support with obtaining the Grant of Letters of Administration
We guide families or Administrators through the application process, helping to prepare and submit all necessary documentation to the Probate Registry. This is a crucial step in unlocking access to the estate’s assets.
Tax Compliance
If someone dies without a will, the Administrator must still deal with HMRC. They need to value the estate, work out whether Inheritance Tax (IHT) is due and complete the appropriate forms, more complex or taxable estates require a full IHT return.
Administrators may also need to bring the deceased’s personal tax affairs up to date and report any income or gains arising during the administration period.
HMRC impose strict reporting deadlines which leave the Administrator facing penalties and interest when not met.
Our probate team helps clients understand these duties, calculate IHT, prepare and submit the necessary tax returns, and liaise with HMRC so everything is compliant and on time.
Estate Accounts
Administrators are required to produce estate accounts which provide a detailed record of all financial transactions during the period of administration. Such accounts are then provided to the beneficiaries of the estate. It is considered best practice for the Administrator to seek the beneficiaries approval of the accounts and a discharge from any liability.
Full Estate Administration
From valuing the estate, dealing with HMRC, to distributing funds, our team can manage the entire administration process. We ensure compliance with all legal, tax, and reporting obligations — helping to avoid delays, errors, or disputes.
With intestate estates on the rise, the importance of having a valid will cannot be overstated. However, if you find yourself dealing with the estate of someone who died without one, please email inheritance@tayloremmet.co.uk or call us on 0114 218 4200 to speak to a member of our Inheritance Tracing Team.