What changes when there is no will
When there is no valid will, the law sets:
- who can apply to administer the estate
- who is entitled to inherit
In England and Wales the probate route is usually PA1A. In Scotland the confirmation route uses C1.
Intestacy route in Estate Suite
- Confirm and record that no valid will or codicil is available.
- In Probate, set the intended administrator based on legal priority.
- In Beneficiaries, map potential entitlement using the legal order, not informal family agreement.
- In Documents, upload relationship and identity evidence supporting the applicant route.
- In Tasks, add follow-ups for any missing relationship evidence or disputed entitlement.
- Do not approve distributions until the entitlement map is confirmed.
Common mistakes to avoid
- Assuming family agreement overrides intestacy rules
- Starting distribution before entitlement checks are complete
- Failing to document why the applicant is first in priority
- Treating cohabitation as equivalent to marriage for intestacy
FAQ
Who usually applies if there is no valid will?
The person highest in the legal priority order usually applies as administrator.
Can family members choose a different split if they agree?
Not by default. Intestacy sets legal entitlement, and variations should be handled with proper legal advice.