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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.


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