What are the Intestacy Rules?

The rules are complex, and the best way to consider the application of the rules is a step-by-step process in accordance with the options below:  

1.1.   Where the estate is worth no more than £450,000 (£200,000 if the death was prior to 01 February 2009), everything will go to the spouse or civil partner.

1.2.  Where the value of the estate is greater than £450,000 (£200,000 if the death was prior to 01 February 2009), in addition to the initial £450,000 half of the value of the remaining estate will go to the lawful spouse or civil partner, along with all personal possessions.

1.3.   The rest of the estate is divided in accordance with section 4 (as if there were no spouse or civil partner and no children).

2.   If the deceased has a lawful spouse or civil partner and children

2.1.   Where the estate is worth no more than £250,000 (£125,000 if the death was prior to 01 February 2009), everything will go to the spouse or civil partner.

2.2.  Where the estate is worth more than £250,000 (£125,000 if the death was prior to 01 February 2009) in addition to the initial £250,000 half of the value of the remaining estate will go to the lawful spouse or civil partner, along with all personal possessions.

2.3.  After this allocation, the remaining estate goes to the lawful spouse or civil partner on trust for the children of the deceased. The spouse or civil partner can receive the income or interest on this portion of the estate during their lifetime, and on their death the capital goes to the deceased's children in equal shares.

3.1.   If the deceased had children, the estate goes to them in equal shares

or

in the event that such children had died before the deceased leaving children of their own (grandchildren of the deceased), their share is split equally between such children.

3.2.   If the deceased had no children the rest of the estate is divided in accordance with section 4.

4.    If the deceased has no lawful spouse or civil partner and no children

The estate is distributed as follows:

4.1.    If the deceased has surviving parents, then the balance is shared between them equally

4.2.   If the deceased had no parents, then the balance is shared between surviving brothers and sisters of the "whole blood" (who share both parents with the deceased)

or

in the event that such whole blood siblings had died before the deceased leaving children, their share is split equally between their children.

4.3.  If the deceased had none of the above, then the balance is shared between surviving brothers and sisters of the "half blood" (who share one parent with the deceased)

or

in the event that such half blood siblings had died before the deceased leaving children, their share is split equally between their children.

4.4.   If the deceased had none of the above, then the balance goes to the surviving grandparents in equal shares.

4.5.   If the deceased had none of the above, the balance goes to surviving aunts or uncles of the whole blood

or 

in the event that such whole blood aunts and uncles had died before the deceased leaving children, their share is split equally between their children.

4.6.  If the deceased had none of the above, the balance goes to surviving aunts or uncles of the half blood

or

in the event that such half blood aunts and uncles had died before the deceased leaving children, their share is split equally between their children.

4.7.  If the estate cannot pass to any of the above, the Treasury Solicitor will receive the whole estate, e.g. it reverts to the Crown.

Ashfords' Trusts and Estates team can assist on any matters regarding a will or trust. For taxation and estate planning advice please contact Rachael Crocker on 01884 203088. In the unfortunate event of a dispute in relation to a deceased person's estate or a trust please contact Robert Horsey on 01884 203086.

Ashfords LLP is regulated by the Solicitors Regulation Authority.  The information in this note is intended to be general information about English law only and not comprehensive.  It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.