--- title: "My partner died without a will" description: "Married partners inherit under intestacy. Unmarried partners inherit nothing and may need an Inheritance Act claim." url: "https://swiftwill.co.uk/scenarios/my-partner-died-without-a-will/" author: "Marcus Kaiser" date_modified: "2026-08-12" --- # My partner died without a will I'm so sorry you're facing this. If your partner has died without leaving a will, everything now turns on one question: were you married or civil partners? A husband or wife inherits under fixed intestacy rules; an unmarried partner inherits nothing automatically. Here's where you stand. > SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information. ## Where do you stand if your partner died without a will? When someone dies without a will, they are said to have died **intestate**, and a fixed set of rules decides who inherits — grief and fairness don't enter into it. What those rules say about you depends entirely on your legal relationship: - **If you were married or in a civil partnership:** if your partner had no children, you inherit the whole estate. If they had children, you receive their personal chattels, the first £322,000, and half of whatever remains; the children share the other half. - **If you were not married:** you inherit **nothing** — not after two years together, not after twenty. The estate passes to your partner's children first, then their parents, then siblings, and down the family tree set out in the [intestacy rules](/intestacy-rules/). That second outcome shocks people. If it is your outcome, there is a possible legal claim (explained below) — but be honest with yourself that it is a claim, not a right. ## Who sorts out an estate when there is no will? With no will there is no executor. Instead, someone steps forward as the **administrator** and applies to the Probate Registry for **Letters of Administration** — the document that gives legal authority to collect in the estate, pay debts and distribute what remains. Who can apply follows the same order as who inherits: spouse or civil partner first, then children, then parents, then siblings. The application fee is £526 for estates over £5,000 (in force since 13 July 2026). You can apply yourself — many people do — or pay a professional; our [probate guide](/probate/) explains the process step by step. ## What should you do in the first weeks after an intestate death? 1. **Register the death** (within five days in England and Wales) and order several certified copies of the death certificate — banks, pension providers and the Probate Registry will all want originals. 2. **Search properly for a will before assuming there isn't one.** Check the house, the bank, any solicitor your partner ever used, and will registration services. A discovered will changes everything. 3. **Secure the practicalities** — property, vehicles, valuables — and notify banks, pension providers and insurers. Many have bereavement teams that walk you through it. 4. **Don't rush the big decisions.** Very little is as urgent as it feels in the first month. Our checklist of [what to do when someone dies](/what-to-do-when-someone-dies/) puts it in order, and our [bereavement support](/bereavement-support/) page lists the people who can help you through it. ## What if you were not married and your partner died intestate? The intestacy rules give you nothing — but the law does offer one remedy. If you lived with your partner as husband and wife for at least two years before they died, or were financially maintained by them, you may be able to claim **reasonable financial provision** from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This is a court claim, not an entitlement: you will need a solicitor, there are strict time limits (normally six months from the grant), and the outcome is never guaranteed. If this might be you, get advice early. ## What should you do next to protect the people you would leave behind? You now know, first-hand, what dying without a will does to the people left behind: frozen accounts, rigid rules, and months of uncertainty at the worst possible time. When it feels right — not today, not until you're ready — making your own will is the kindest piece of admin you can do for the people you love. It takes about 15 minutes and costs **£35, one-time, with free updates for life and no upsells**. [It's here whenever you want it](/start/). ## Frequently asked questions ### We weren't married — do I really inherit nothing? Under the intestacy rules, yes — unmarried partners inherit nothing, regardless of how long you were together. One possible exception: if you lived together for at least two years before the death, or were financially maintained by your partner, you may be able to claim reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975. Strict time limits apply — normally six months from the grant of representation — so take legal advice quickly. ### Who applies for Letters of Administration? The intestacy rules set the order: the spouse or civil partner first, then the children, then parents, then siblings, and so on down the family tree. The person highest up the order who is willing takes on the role of administrator and applies to the Probate Registry for Letters of Administration — the equivalent of probate when there is no will. ### What does it cost to sort out the estate? The probate application fee is £526 for estates over £5,000 (in force since 13 July 2026), plus a small amount for extra copies of the grant. You can apply yourself without a solicitor. If you do use a solicitor or probate practitioner, their fees are paid from the estate — agree the basis of charging in writing first. ### How long does it all take? Longer than most people expect, and typically longer than with a will. Identifying everyone entitled under intestacy, valuing the estate and obtaining the grant usually takes several months, and property sales or missing beneficiaries can stretch it past a year. Some bank accounts stay frozen until the grant is issued. ### What if I find a will later? A valid will takes precedence over intestacy. If a genuine will surfaces — check the house, the bank, any solicitor your partner used, and will registration services — the named executors take over and the estate is distributed as the will directs instead. It is always worth searching thoroughly before assuming none exists. Canonical HTML: https://swiftwill.co.uk/scenarios/my-partner-died-without-a-will/ Markdown: https://swiftwill.co.uk/scenarios/my-partner-died-without-a-will.md Last modified: 2026-08-12 Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)