UK Intestacy Rules Overview

Intestacy occurs when someone dies without leaving a valid Will. The distribution of their estate (property, money, and possessions) is then governed by the rules of intestacy. These rules set out who is entitled to inherit and in what proportions.

England and Wales Intestacy Rules

The intestacy rules in England and Wales dictate how an estate is distributed when someone dies without leaving a valid Will. The main beneficiaries under these rules are determined by the deceased's family structure at the time of death.

  1. Spouse or Civil Partner:
    • No children: The entire estate goes to the surviving spouse or civil partner.
    • With children: The spouse or civil partner receives:
      • All personal belongings of the deceased.
      • The first £322,000 of the estate (as of the latest update).
      • Half of the remaining estate.
      • The other half of the remaining estate is divided equally among the children.
  2. Children (including adopted children, but not stepchildren):
    • If there is no surviving spouse or civil partner, the children inherit the entire estate equally.
    • If the deceased has children but no surviving spouse, the estate is divided equally among the children.
  3. Grandchildren:
    • If a child of the deceased has predeceased the intestate person but has children of their own, those grandchildren would inherit their parent's share of the estate.
  4. Parents:
    • If the deceased has no spouse, civil partner, or children, the estate passes to the parents in equal shares.
  5. Siblings:
    • If there are no surviving parents, the estate passes to the siblings of the deceased, or to their children if they have predeceased the intestate person.
  6. Half-siblings:
    • If no full siblings are alive, half-siblings (siblings who share one parent) will inherit next.
  7. Other relatives:
    • If no spouse, children, parents, or siblings are alive, the estate can pass to more distant relatives, such as grandparents, aunts and uncles, and so on.
  8. Crown (Bona Vacantia):
    • If the deceased has no living relatives who qualify under the intestacy rules, the estate goes to the Crown.

 

 

Important Considerations

  • Cohabitants: As noted, unmarried partners who were cohabiting with the deceased are not automatically entitled to inherit under intestacy rules and need to rely on a Will or a legal claim.
  • Stepchildren: Stepchildren do not automatically inherit unless they have been legally adopted.
  • Jointly Owned Property: Property owned jointly with the deceased may pass automatically to the surviving co-owner, depending on the type of joint ownership.

 

Creating a Will is essential for those who want to ensure that their estate is distributed according to their wishes, particularly for unmarried couples who wish to provide for one another.