When someone dies without a Will, it can add extra stress and uncertainty during an already emotional time. This situation is known as dying intestate, meaning the law, not the individual, decides how their estate is distributed.

In Guernsey, intestacy rules set out exactly who inherits and in what order. But beyond the legalities, families are often unsure what practical steps to take first, who they need to notify, and how to arrange the funeral.

This guide briefly explains what to do when someone dies without a Will, helping you understand some of the intricacies of the process. We hope it helps you feel more prepared during a difficult period. We stress that the advice of a legal professional is always one we recommend to all of our clients.

What Does It Mean to Die Without a Will?

If someone dies without a Will, their money, property and belongings are divided according to Guernsey’s intestacy laws. These laws outline who is entitled to inherit. 

We suggest you contact The Guernsey Probate Registry which is operated by the Ecclesiastical Court of the Bailiwick of Guernsey or an Advocate of the Royal Court who can advise accordingly. 

Dying without a Will can leave some uncertainty for those left behind and this is why many families choose to consider formal future planning early, making sure to engage in making a Will and creating an expression of wishes.

First Steps: What To Do Immediately

The immediate action is to contact a funeral director. 

Whether a Will exists or not, the first few steps after a death remain similar. If it is believed that there truly is no Will (following appropriate searches which an Advocate can do for on your behalf), it may result in next of kin / nominated representatives needing to take on additional responsibilities as they navigate estates and legal procedures.

A compassionate funeral director can guide you through every arrangement, especially when no wishes were formally recorded. Beckfords is here to support you with funeral planning and arrangements. 

Your funeral director will obtain a Medical Certificate and register the death. In Guernsey, deaths must be registered to the Office of HM Greff within 5 days. The registrar will issue certified copies of the death certificate which your funeral director will receive, or you can collect in person. 

Who Is Responsible If There Is No Will?

When someone dies without a Will, a personal representative must be appointed to manage their estate. 

Their responsibilities may include:

• Registering the death via their nominated funeral director 
• Organising funeral arrangements
• Applying for Letters of Administration

Having professional support during this process can help prevent misunderstandings and ensure everything is handled correctly.

How Is the Estate Distributed Without a Will?

Guernsey’s intestacy laws determine inheritance based on family relationships. The exact distribution depends on individual circumstances. This can be a complicated and emotional process, and we advise consulting with an Advocate for advice. 

This is another reason planning ahead is so important, for both peace of mind and easing the burden on loved ones.

Arranging a Funeral When Someone Dies Without a Will

If funeral wishes were not written down, the responsibility falls to the next of kin or nominated representative to consider: 

• Whether the person expressed any preferences informally
• Cultural, religious, or family traditions
• The type of service that honours them best

At Beckfords, we help families create meaningful, personalised farewells, whether wishes were recorded or not.

Learn more about arranging a funeral with us here.

We’re Here to Support You

At Beckfords, we understand how complex these situations can be, especially when someone dies without a Will. Our caring and experienced team can guide you through funeral planning and support throughout the grieving and administrative process. 

If you have questions or need gentle guidance, we’re here to help, alternatively you can enquire direct to the Guernsey Probate Registry in person or by telephone (+44 (0)1481 721732) - the office, in Lefebvre Street in St Peter Port, is open Monday to Thursday, 0900 to 1300, and to telephone callers only on Friday from 0900 to 1300.