When someone dies and they have not left a Will, or a Will cannot be located, they are said to have died intestate. Thus the rules of intestacy will apply. The rules of intestacy are a statutory set of rules which set out how a person’s estate is administered.
Under the rules of intestacy only married/civil partners and close relatives can inherit from the estate and only in the ways set out below:
Married and Civil Partners and Children
Where the estate is valued at less than £250,000, the surviving spouse will inherit the estate in its entirety provided he/she survives the deceased by 28 days.
Where the estate is valued in excess of £250,000, the first £250,000 and all the personal effects of the deceased will be passed to the spouse. The remaining estate will then be split in two. The spouse will have a life interest in one half and the other half will be split equally between the children.
Married and Civil Partners and no Children but Parents and Siblings
Where the estate is valued at less than £450,000, the spouse will inherit the estate in its entirety provided he/she survives the deceased by 28 days.
Where the estate s valued in excess of £450,000, the first £450,000 and all of the personal effects of the deceased will be passed to the spouse. The remaining estate will then be split into two. The spouse will inherit one half and the remaining half will be split in equal shares between the parents. If the parents have deceased, then in equal shares between siblings of whole-blood.
Married and Civil Partners but no Children, Parents or Siblings
Spouse will inherit the estate in its entirety provided he/she survive the deceased by 28 days.
Children but no Partner or Civil Partner
Children will inherit the estate in its entirety in equal shares.
Parents but no Partner or Civil Partner or Children
Parents will inherit the estate in its entirety in equal shares
Siblings but no Partner or Civil Partner, Children or Parents
Siblings of whole-blood will inherit the estate in its entirety in equal shares. If there are no siblings of whole-blood then siblings of half-blood will inherit the estate in its entirety in equal shares.
Grandparents but no Partner or Civil Partner, Children, Parents or Siblings
Grandparents will inherit the estate in its entirety in equal shares.
Uncles and Aunts but no Partner of Civil Partner, Children, Parents, Siblings or Grandparents
Uncles and Aunts of whole-blood will inherit the estate in its entirety in equal shares. If there are no Uncles or Aunts of whole-blood, then Uncles and Aunts of half-blood will inherit the estate in its entirety in equal shares.
No Partner or Civil Partner or Blood Relatives
The estate in its entirety will be inherited by the Crown.
Under the intestacy rules the following people have no automatic right to inherit:
- Unmarried partners
- Lesbian or gay partners not in a civil partnership
- Relations by marriage
- Friends
Under the Rules of Intestacy, your estate may not be administered in a way you would have wished. Make sure you Will is valid and kept up to date. It’s also important to ensure that your loved ones know where it’s located after your death. Be sure that they can always find it and register it’s location on Willfinda.
