Intestacy Rules

If a person dies without making a Will, or if their Will is found to be invalid, the person is known as having died Intestate.  The rules that decide who benefits from the deceased person’s estate if they died Intestate are known as the Intestacy Rules.  

To ensure that your wishes can be carried out when you pass away, it is important to create a precise valid Will, so that your estate is not subject to the Intestacy Rules when you die. 

Here is a useful brief summary of the Rules:

• Non-married partners (partners living together) can not inherit.

• Carers or friends can not inherit.

• Civil partners can inherit, the same as married partners.

Where a person dies leaving children:

•   Their spouse or civil partner could inherit:

  •  Personal items such as books, tools, or cars

  • The first £270,000 of the value of the rest of the deceased person’s property

  • Any bank accounts held in joint names

  • The deceased’s share of their house if held as Joint Tenants

  • 50% of what is left (the residue of the estate)

•   Their children would inherit:

  •  the remaining 50% of the residue equally – usually when they turn 18.

Where a person dies without leaving children:

• Their spouse of civil partner would inherit their whole estate.

Where a deceased person dies without a partner, but does leave children:

• Their children would inherit equally.  This is the case regardless of whether the deceased had children with different partners.

Where a deceased person leaves neither children nor a partner:

• Any grandchildren (then great-grandchildren) surviving will inherit the estate equally.

Where the deceased leaves no partner, children, grandchildren or great-grandchildren:

• Any parents who survive them would inherit the estate.

Where the deceased leaves no partner, children, grandchildren, great-grandchildren or parents:

• Any surviving brothers and sisters would inherit the estate equally.

If in addition the deceased leaves no brothers or sisters:

• Any direct nieces and nephews (children of the deceased’s siblings) would inherit the estate equally.

What if the deceased left no surviving relatives?

• Their entire estate would go to the Crown.

As a rule, people do not wish their estate to go to the Crown when they pass away. None of us know how many relatives will outlive us, so this is another reason why it is important to have an up-to-date Will in place – even if you leave your estate to a charity! At Castle Family Legal we’re always happy to advise you on a no-obligation basis, so call us or contact us here for a free initial consultation.