The Intestacy Rules for England and Wales
When a person dies without leaving a Last Will they're said to have died 'intestate'. This means, basically, that instead of the person deciding themselves who they wanted to receive their money and property, the government decides this for them. And the result is often far from what the person would've wished to see happen.
Exactly who receives what from a persons estate if they've died intestate (after the payment of any debts and expenses) was laid out in the Administration of Estates Act 1925. A persons immediate family and 'next of kin' were given priority and a fixed pecking order established, although no provision was made for an unmarried partner.
Order of Entitlement Under Intestacy Rules:
1. If the 'intestate' person left a Spouse or civil partner who survives them by 28 days, but also leaves no children, parents, brothers or sisters, nephews or nieces:
Spouse or civil partner takes everything absolutely.
2. If they leave a Spouse or civil partner AND a child/children who survive them by 28 days, then:-
a) The Spouse or civil partner takes all personal chattels (car, furniture, pictures, clothing, jewellery, etc), plus £125,000 absolutely. They also gain a life interest (income only) in half of the residue; and
b) The children take the other half of the residue absolutely upon reaching age 18 or earlier if married. On the subsequent death of the remaining spouse or civil partner they receive the other half of the residue.
3. If they leave a Spouse or civil partner who survives them by 28 days, NO children, but DO leave either a parent, brother or sister, or a nephew or niece, then:-
a) The Spouse or civil partner takes all personal chattels, plus £200,000 absolutely, plus half of the residue; and
b) Their Parents, or if no parent then any brothers and sisters, or if no brothers and sisters any nephews and nieces, take the other half of the residue.
4. If the intestate person was 'Single', and had NO Spouse or civil partner, then everything is inherited by their:-
i) Child or children; but if none, then any grandchildren take what their parents would've received; but if none, then the:
ii) Parents of the deceased take; but if none then any surviving:
iii) Brothers and sisters of the whole blood (if none, then any nephews/nieces take on behalf of their parents); but if none:
iv) Brothers and sisters of the half blood (nephews and nieces take on behalf of their parents); but if none then:
v) Grandparents take in equal shares; but if none then:
vi) Uncles and aunts of the whole blood take (cousins taking on behalf of their parents); but if none then:
vii) Uncles and aunts of the half blood take (cousins taking on behalf of their parents); but if none then:
viii) All to The Crown.
Important Notes:
1. The Children Act 1975 provides that a
n adopted child is to be treated as the legitimate child of the adopting parent(s).2. A child legitimated takes any interest as if born legitimate, but an illegitimate child can only take an interest provided there is satisfactory proof of parentage.
3. The estate of someone who is divorced or legally separated does not go to the ex-spouse or civil partner under the intestacy rules.
4. All relatives referred to above, unless otherwise qualified, must be blood relations. Therefore associations through marriage, such as the wife of an uncle bearing the courtesy title 'aunt', cannot take.
5. The intestacy rules only apply to property owned outright, and where there is no Will. Property held jointly with another person (or several people) as 'joint tenants', as is usual for a house, passes automatically to the remaining joint tenant/owner irrespective of whether mention is made of it in a Will.
If you've got a query about Intestacy, or need advice regarding an estate that's going to probate without a Will, just Contact Us by phone or email and we'll be pleased to help you further.
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