Northern Ireland has Rules of Intestacy that determine what happens to someone’s estate when they die without leaving a valid will. However, the rules are specific to Northern Ireland and shouldn’t be assumed to be the same as those that apply in England and Wales. When somebody dies intestate, the law decides which relatives are entitled to inherit and in what order, as explained further in our Intestacy Guide.
Who Can Inherit?
Exactly who receives the estate depends on the deceased person’s family circumstances. Potential beneficiaries can include:
- A husband, wife or civil partner
- Children and, in some circumstances, grandchildren
- Parents
- Brothers and sisters or their descendants
- Grandparents
- Aunts and uncles or their descendants
If there are no relatives entitled to inherit, the estate can ultimately pass to the Crown. Importantly, an unmarried partner does not automatically inherit under Northern Ireland’s intestacy rules, regardless of how long the couple lived together. For further information about what happens when someone dies without a will in Northern Ireland, see the nidirect guidance on what to do if there is no will.
The GOV.UK guidance on Northern Ireland intestacy provides further information on how an estate is distributed where there are no surviving entitled relatives.
What Happens to the Estate?
Where there is no will, someone will normally need to take responsibility for administering the estate, and our Personal Representatives Guide explains the role and responsibilities involved. Rather than an executor applying for a Grant of Probate, an eligible person, often a close relative, can apply for a Grant of Letters of Administration. The administrator then deals with matters such as collecting assets, paying debts and distributing what remains to the people legally entitled to inherit.
The intestacy rules can produce a very different outcome from what the deceased might have wanted. For example, there is no guarantee that everything will simply pass to a surviving spouse or civil partner, particularly where other relatives survive. Making a valid will is therefore the clearest way to specify who you want to inherit rather than leaving the distribution of your estate to Northern Ireland’s intestacy rules.
Read more information on inheriting, intestacy rule changes and what happens when you don’t want to inherit. Explore our latest guides for practical advice on planning a will, administering an estate, understanding intestacy and the responsibilities of personal representatives.
If you need support with estate planning or the probate process, speaking with a professional, such as Intestacy Rules, can help.