What Are the Rules of Intestacy?

  , ,

When an individual dies without having made a valid will, they are said to have died “intestate”. In the UK, specific rules called the “rules of intestacy” govern how the deceased’s estate will be distributed.

These rules are designed to ensure a fair division of assets amongst surviving relatives, though they might not reflect the exact wishes of the deceased.

Who Can Inherit?

Only married or civil partners and some other close relatives can inherit under the rules of intestacy. Common-law partners (those who aren’t married or in a civil partnership) can’t inherit under these rules, though other forms of legal recourse might be available to them in certain situations.

If There Are Surviving Spouses or Civil Partners but No Children or Grandchildren

The entirety of the estate will go to the surviving spouse or civil partner as long as they survive for 28 days. If the spouse or civil partner dies within 28 days, the rules of intestacy treat them as having not survived. If this happens, the estate is instead distributed to the next category of beneficiary under the rules of intestacy (see next).

If There Are Surviving Spouses or Civil Partners & Children

The spouse or civil partner will inherit everything up to the value of £322,000. If the estate’s value is over £322,000, the partner also inherits half of everything that remains. The rest is then shared equally between their children.

If a child has predeceased the intestate person but has surviving children of their own (grandchildren of the deceased), they will inherit their parent’s share.

If There Are No Surviving Spouses or Civil Partners, but There Are Children

The entire estate will be divided equally amongst the children.

If There is No Surviving Spouse or Children

The order of inheritance is as follows:

  • Grandchildren
  • Great-grandchildren
  • Parents
  • Brothers and sisters (if a brother or sister has predeceased the intestate person, their children can inherit their share)
  • Half-brothers and half-sisters
  • Grandparents
  • Uncles and aunts (or their children if they predeceased the intestate person)
  • Half-uncles and half-aunts (or their children if they predeceased the intestate person).
  • If none of the above relatives exist or can be located, the estate will go to the Crown.

Jointly Owned Property & Assets

For jointly owned assets, how they are dealt with upon death largely depends on how the joint ownership is structured:

  • Joint tenants: The deceased’s share automatically passes to the surviving joint owner(s).
  • Tenants in common: The deceased’s share does not automatically pass to the other joint owners but will be distributed according to the rules of intestacy.

The Impact of Remarriage

If a spouse remarries after the death of the first partner, it doesn’t affect their claim to the first partner’s estate if they were still married when the first partner died.

Who does not inherit under the rules of intestacy?

Under the rules of intestacy, the following people do not stand to inherit anything:

  • Unmarried partners: only married partners or partners in a civil partnership can inherit when someone dies without a will
  • Cohabitees: those who lived with the person who has died are not entitled to inherit anything under the rules of intestacy, even if they’ve cohabited for many years
  • Step-children: step-children can only inherit if they have been legally adopted by the person who died
  • Close friends: people often choose to leave something to close friends in their will, but they do not inherit anything under the rules of intestacy
  • Other family members: any lower priority relatives under the rules of intestacy, such as grandchildren if the spouse and children are still alive

The rules of intestacy aim to provide a structured way of distributing an estate when no will is in place. However, they might not represent the deceased’s wishes.

To ensure that an individual’s assets are distributed according to their desires, it’s crucial to prepare a valid will.

  More Guides & Info