Rules Of Intestacy

When a person dies either without making a Will at all or without making a valid Will; then their estate is distributed in accordance with a prescribed set of rules. 

The first thing to be aware of is that only married couples, civil partners and blood relatives can inherit under these rules.  Where there are no living relatives; the Crown will inherit all of your estate.

In cases of an invalid Will, the distribution may be far from what you had intended it to be and it is therefore vital that you seek specialised knowledge from an appropriately qualified Will writer to avoid having an invalid Will.

With over half of the UK adult population not having a Will, it is essential you are either aware of the prescribed format for the distribution of your assets or better still, make a valid Will.

The distribution rules under Intestacy are summarised below:

You are survived by a spouse or civil partner by atleast 28 days

Where you are married or in a civil partnership, the first potential person to inherit is your surviving spouse or civil partner.  The main condition here is for them to be entitled to inherit; they must survive you by atleast 28 days.  If they do not, then they will inherit nothing.

Provided that they meet this first condition, the next factor to be considered is the size of the estate.  If this is less than £270,000, then the surviving spouse or civil partner will inherit everything.

If the estate exceeds this value and there are surviving children, then the surviving spouse or civil partner will inherit all of your chattels, £270,000 and a life interest in half of the remaining estate and your children will inherit the other half absolutely at the age of 18 in equal shares.  On the subsequent death of the surviving spouse or civil partner, your children will then inherit the other half of the estate.  Additionally, if any of your children have predeceased you leaving their own surviving children at your death, then these grandchildren will collectively stand in the place of their parent with regard to any inheritance under intestacy.

If the estate is between £270,000 and £450,000 and there are no surviving children or grandchildren, then the surviving spouse or civil partner will inherit everything.

If the estate exceeds £450,000 and there are no surviving children or grandchildren, then the surviving spouse or civil partner will inherit all of your chattels, £270,000 and half of the remaining estate absolutely.  The second half is then inherited by your parents in equal shares if they have outlived you or if they have both predeceased you; by any brothers or sisters in equal shares (provided that you all have the same parents).  Once again, if any of your siblings have predeceased you leaving their own surviving children at your death, then these nephews and nieces will collectively stand in the place of their parent with regard to any inheritance under intestacy.  If your parents, siblings and nephews and nieces have all predeceased you, then your surviving spouse or civil partner will inherit everything

You are either unmarried, widowed or your surviving spouse or civil partner did not survive you by atleast 28 days

Where you have children, all of your estate will be divided equally between them.  Additionally, if any of your children have predeceased you leaving their own surviving children at your death, then these grandchildren will collectively stand in the place of their parent with regard to any inheritance under intestacy.

If at your death, you do not have any surviving children or grandchildren, then your estate will be divided equally between any of your surviving parents.

If there are no surviving parents, then your estate will be divided equally between any surviving brothers and sisters (provided you all have the same parents).  Once again, if any of your siblings have predeceased you leaving their own surviving children at your death, then these nephews and nieces will collectively stand in the place of their parent with regard to any inheritance under intestacy.

If there are no relatives to satisfy the above conditions, then any surviving brothers and sisters (provided you all have one parent in common) will inherit.  Once again, if any of these siblings have predeceased you leaving their own surviving children at your death, then these nephews and nieces will collectively stand in the place of their parent with regard to any inheritance under intestacy.

In instances where there are no such relatives to inherit, then your estate will be divided equally between any of your surviving grandparents.

If there are no surviving grandparents, then your estate will be divided equally between any surviving aunts and uncles (where they and your parents have the same parents).  Once again, if any of these relatives have predeceased you leaving their own surviving children at your death, then these cousins will collectively stand in the place of their parent with regard to any inheritance under intestacy.

If there are no relatives to satisfy the above conditions, then any surviving aunts and uncles (where they and your parents have one parent in common) will inherit.  Once again, if any of these relatives have predeceased you leaving their own surviving children at your death, then these cousins will collectively stand in the place of their parent with regard to any inheritance under intestacy.

Finally, if all of these avenues have not yielded anyone to inherit, then your whole estate will go to the Crown.

Please note that the information referred to above is correct at the time that this article was published.  If you wish to check for any subsequent changes in these rules; please call our office.

Please visit our Wills & Testaments page for further information.