The Rules of Intestacy

Almost two thirds of the British adult population do not have a will, according to YouGov Survey 2015. If you die in England and Wales without leaving a will it is known as Dying Intestate.When you die intestate your assets will be distributed according to the rules of Intestacy.The Rules of Intestacy is used to established the order in which the next of kin is entitled to inherit under the laws provided by the State. This mean you or your family will have no choice in how your estate is distributed. This in some cases can cause disputes between family members and even worse can leave loved ones not provided for.

Final Duties has put together an easy to read guide to explaining the laws of Intestacy. If a family member has passed away and our guide doesn’t fully answer your questions or you do not feel confident in applying the laws of intestacy yourself. Please call one of team on 08007318722 or send us an inquiry from the contact us page.

We have created this guide using several different sources in order to give a clear and thorough explanation.

The laws of Intestacy work by putting possible beneficiaries into an order of priority to establish who should benefit.

We have laid out the order of priority below so you can see who would benefit from your estate if you were to die intestate. It has been separated into 2 categories based upon your marital status.

You are married

Is your Estate worth more than £250,000?

No

Your spouse or civil partner inherits your entire Estate.

It is important to note that “common law husband/wife” has no right to inherit under the existing rules of intestacy. They would be entitled to claim under the Provision for Family and Dependants Act 1975 as long as they have been cohabiting with them for at least 2 years prior to death. However making this claim does involve instructing a specialist solicitor and pursing the claim through the courts. This can be a lengthy and expensive process.

Yes

Do you have children?

Yes

Your spouse/civil partner will get the first £250,000 of your estate, your personal belongings and half of the remaining estate that is over the £250,000. The other half of the remaining estate will be distributed between your children when they are 18.

No

Do you have parents, brothers or sisters of whole or half-blood?

Yes

Your spouse/civil partner will get the first £450,000, your personal belongings and half of the remaining estate that is over the £450,000. The other half of the remaining estate goes to your parents. If your parents are deceased it will go to your siblings of full blood. If there are no siblings of full blood it will go to your siblings of half blood.

No

Your spouse inherits your entire Estate.

 

You are not married

Do you have children?

Yes

Your estate is shared equally between your children.

No

Do you have parents?

Yes

Your Estate is shared equally between your parents

No

Do you have whole blood siblings?

Yes

Your Estate is shared equally between your whole blood siblings or their descendants.

No

Do you have half blood siblings?

Yes

Your Estate is shared equally between your whole blood siblings or their descendants.

No

Do you have Grandparents?

Yes

Your estate is split equally between your Grandparents.

No

Do you have whole blood aunts and uncles?

Yes

Your Estate is distributed equally between your whole blood aunts and uncles or their descendants

No

Do you have half blood Aunts and Uncles?

Yes

Your Estate is distributed equally between your half blood aunts and uncles or their descendants.

No

Your Estate goes to the Crown.

 

If you are the administrator of an Estate and need to apply for a grant of representation speak to a member of our team on 08007318722 who can provide you with simple and straightforward advice and a no obligation fixed fee probate quotation.