Intestacy Rules

It is the Intestacy Rules (set out in the Administration of Estates Act 1925) which determine who inherits your estate if you die without making a Will.

The relatives who may benefit on intestacy are as follows:

Spouse / civil partner
Issue (i.e. children, grandchildren, great grandchildren)
Parents
Brothers and sisters of the whole blood or their issue
Brothers and sisters of the half blood or their issue
Grandparents
Uncles and Aunts of the whole blood or their issue
Uncles and Aunts of the half blood or their issue
The Intestacy Rules detail the relatives who are entitled to inherit the deceased’s estate based on their relationship to the deceased. If any relatives have predeceased the person who has died, their share will be passed on to the next closest relative(s) as follows:

If Survived by Spouse / Civil Partner and Children

Spouse / Civil Partner

Takes all personal chattels
Statutory legacy of £250,000.00 plus interest from date of death (if the estate is less than £250,000.00 then the spouse or civil partner takes all)
One half of the residue is held on trust for the spouse / civil partner for life
Subject to that the residue is divided between the children equally on attaining the age of 18
Spouse / civil partner can opt to take a lump sum rather than a life interest
Spouse / civil partner will take capital value of life interest
Balance will be held for the children
The younger the spouse / civil partner the greater the lump sum
Spouse / civil partner must give written notice to the personal representatives within twelve month
If Survived by Spouse / Civil Partner, Parents, Brothers, Sisters etc

Spouse / Civil Partner

Takes all personal chattels
Statutory legacy of £450,000.00
Takes half the residuary estate
The other half will be divided between the parents or if none the brothers and sisters or their issue.

If Survived By Spouse / Civil Partner Only

Spouse / Civil Partner

will take all
If Not Survived By Spouse / Civil Partner

Relatives will take in order of list below

Children or their issue
Parents
Brothers and Sisters of the whole blood or their issue
Brothers and Sisters of the half blood or their issue
Grandparents
Uncles and Aunts of the whole blood or their issue
Uncles and Aunts of the half blood or their issue
If Not Survived By Anyone

Crown

will inherit all
If you need advice on a legal matter please contact us, and the relevant member of staff will get back to you as soon as possible, or call us on 01923 225212.