Wills & Family
Who should I choose as executor if I don’t trust my family?
Not everyone has a relative they would trust to handle their estate. Here is how to think about other options, from friends to professional executors.
Losing someone is hard enough. Finding out they did not leave a Will can add worry about what happens next. This article explains, gently and in plain English, how the estate is usually dealt with in England and Wales when there is no Will.
What is intestacy?
When a person dies without a valid Will, they are said to have died "intestate". Their estate is shared under the intestacy rules, which set out who inherits in a fixed order. Our guide on who inherits without a Will explains the order and the amounts.
Who deals with the estate?
Without a Will, no executor has been appointed. Instead, a person called an administrator deals with the estate. To do this, they usually need a grant called letters of administration.
Who can apply?
GOV.UK says the right to apply normally goes to the closest living relative. That is usually:
- the husband, wife or civil partner (including if they were separated)
- then any children aged 18 or over
- then other relatives, in the order set by the intestacy rules
An unmarried partner cannot apply in their own right. This can be very painful for couples who lived together for many years.
The steps involved
The process is similar to applying for probate when there is a Will:
- Check there is no Will. Search the person's papers, ask their solicitor or bank, and consider a will search. You can also search probate records to see whether a grant has already been issued.
- Value the estate. List assets and debts and their value on the date of death.
- Report to HMRC. Work out whether Inheritance Tax is due and complete the right reporting.
- Apply for letters of administration. Apply online or by post using form PA1A.
- Administer the estate. Collect the assets, pay debts and share the rest under the intestacy rules.
A practical example
Pat died without a Will, leaving two adult sons and no spouse. Under the intestacy rules, the sons share the estate equally. The elder son applies for letters of administration. Once the grant is issued, he sells Pat's flat, pays the bills and shares the money with his brother.
Children under 18
If a child under 18 inherits, their share is usually held on trust until they turn 18. In some cases, the court may require two administrators when a child is a beneficiary. A professional can explain what this means for your family.
What if no relatives can be found?
If there are no relatives entitled under the intestacy rules, the estate usually passes to the Crown as "bona vacantia". Sometimes relatives exist but need to be traced, which a professional can help with.
What if someone feels left out?
People who are not entitled under the intestacy rules, such as an unmarried partner or a dependant, may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. Claims normally have to be made within six months of the grant. If this applies to you, it is worth getting advice early.
Scotland and Northern Ireland
This article covers England and Wales. In Scotland, the equivalent of probate is called "confirmation" and it works differently. Northern Ireland has its own probate office and rules. See the mygov.scot bereavement pages or nidirect's guide to applying for probate. At present we cannot reliably route enquiries from Scotland or Northern Ireland.
When to get professional help
Professional help can be especially useful when there is no Will, because questions often arise. You may want support if:
- you are unsure who the closest relatives are
- relatives cannot be found or do not agree
- a child, a dependant or an unmarried partner is involved
- the estate includes property or Inheritance Tax is due
Our article comparing grant-only help with full estate administration may help you decide how much support you want.
Next steps
There is no pressure to decide anything straight away. When you feel ready, we can try to put you in touch with firms that can help.
You can read more on our Probate page, or answer a few short questions in our probate questionnaire and we will aim to introduce you to up to three appropriately qualified firms.
WillHarbour is an independent introduction service, not a law firm, and we do not give legal, tax or financial advice. With your permission, we share your enquiry with up to three suitable firms, such as solicitors or other firms that help with estates. It is free to use and there is no obligation. The firms pay us a fee for each introduction, and they must tell you about this, and their own fees, before you instruct them.
Frequently asked questions
What are letters of administration?
Letters of administration are the grant issued when there is no Will. It gives the administrator legal authority to deal with the estate.
Can an unmarried partner apply for letters of administration?
Not in their own right. GOV.UK says a partner who was not a husband, wife or civil partner cannot apply. They may be able to make a court claim in some cases.
Can more than one person be an administrator?
Yes. Several people can apply together, and in some situations, such as where a child inherits, two administrators may be required.
Official sources
This guide is general information about the law in England and Wales at the time it was last reviewed. It isn’t legal, tax or financial advice. For advice on your own situation, speak to a qualified professional.
