A Guide to the Intestacy Rules

Statistics show that currently more than one in five single people do not make a will which means these rules apply far more often that you might think

Entitlement to the estate of a deceased person who was domiciled (see notes below) in England & Wales, and who did not leave a valid will. This is very much a general guide, expert advice should always be taken before any of the estate is distributed and remember a grant of letters of administration is probably also required before any distribution takes place.

Contact Clive Harvard to discuss your case

This chart is not a definitive statement of the law covering every set of circumstances, and it is not legal advice.

For more information on the Table beneath see our page Facts about Intestacy

 

Deceased person dies leaving alive 28 days after their death: After the payment of funeral expenses, tax and all other debts owed by the deceased, the rest of the estate goes to:
A spouse or civil partner, but no children or parents or full brothers or sisters i.e. you share both parents or are adopted by both of your parents Everything to spouse/civil partner
A spouse or civil partner and children 

 

 Where the net estate is not more than £250,000 – Everything to spouse/ civil partnerWhere the net estate is over £250,000 they receive:1.The first £250,000 known as “ the Statutory Legacy”2.Personal possessions

3. A life interest in one half of the rest i.e. income or interest earned on this for the rest of their life.

The children receive:

  1. One half of the rest ( as defined above)
  2. The remainder they receive when the spouse / civil partner dies
A spouse or civil partner (but no children), and either parents, or brothers or sisters of the whole blood. Where the net estate is not more than £450,000 – Everything to spouse/ civil partnerWhere the net estate is over £450,000 they receive:

  1. £450,000
  2. personal possessions
  3. half of the rest outright not just interest or income

The other half goes to

The deceased’s parents equally or to the only one remaining

If both parent are dead then to brothers and sisters of the whole blood in equal shares.
Children , but no spouse or civil partner Everything to children in equal shares
Parent(s), but no spouse or civil partner, or children Everything to parents in equal shares.
Brother(s) or sister(s), but no spouse or civil partner, or children or parents Everything to full brothers and sisters equally or their children if they have died.Only if there are no brothers or sisters of the whole blood and they have no children , then to brothers and sisters of the half blood equally or to their children if they have died
Grandparent(s), but no spouse or civil partner, or children, or parents, or brothers or sisters .Everything to grandparents equally.
Uncle(s), Aunt(s ), but no spouse or civil partner, or children or parents, or brothers or sisters or grandparents Everything to full uncles and aunts equally or if they have dies to their children.Only if there are no full uncles or aunts, then to uncles or aunts of the half blood equally and again if they have died their children
No spouse or civil partner and no relatives in any of the categories shown above Everything to the state in bona vacantia