Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Intestacy definition

What does Intestacy mean? Intestacy describes the situation where a person dies without a valid will disposing of all their estate (a total or partial intestacy). The estate is then distributed under statutory intestate succession rules rather than by the deceased’s expressed wishes. Across England and Wales, Scotland, Northern Ireland and Ireland, intestacy is governed by legislation rather than case law, though terminology and order of entitlement differ. In England and Wales and Northern Ireland, the probate court issues a grant of letters of administration to an administrator, and distribution follows a fixed statutory order (typically prioritising a surviving spouse or civil...

Intestacy in England and Wales: Priority and Practicalities for Letters of Administration—minors, unborn children, incapacity, attorney grants, de bonis non, foreign domicile, creditors, renunciation

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Practice notes

intestacy—priority to apply for grant—Q&As

For an overview of the intestacy regime, consult Practice Note: Intestacy—summary. Guidance on those entitled to inherit on an intestacy appears in Practice Note: Intestacy—beneficial entitlement. See also Flowchart: Entitlement on intestacy—flowchart and Practice Note: Intestacy—beneficial entitlement—Q&As.

This Practice Note identifies who has precedence to seek a grant of letters of administration for an intestate person’s estate in particular situations, as addressed in our Q&As.

Where a Will exists but no executor is willing or able to act, details of who may apply for a grant of letters of administration with Will annexed, and the order of priority, are set out in NCPR 1987, SI 1987/2024, r 20. See also Practice Notes: Administration with Will annexed—priority to apply for grant—Q&As and The type of grant needed.

Entitlement to grant on intestacy

The right to seek letters of administration mirrors the sequence for beneficial entitlement on intestacy and turns on the applicant’s relationship to the deceased. The hierarchy is specified in rule 22 of the Non-Contentious Probate rules 1987, SI 1987/2024 (NCPR 1987):

surviving spouse or civil partner
children (or

...

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