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Intestacy rules

What is Intestacy?

When someone dies, and has left a Will governing the distribution of their estate, its provisions will be implemented, so far as they are effective. However, if someone dies without making a Will, the distribution of their estate is governed by the Rules of Intestacy, as set out in the Administration of Estates Act 1925.

A common misconception held by many people is that if they die without leaving a Will, everything will pass to their spouse or civil partner. However, this is not the case, and dying without leaving a Will often leads to a situation where your friends and relatives may inherit nothing, contrary to your intentions.

What are the Intestacy rules?

If you are married/in a civil partnership, have children, and your estate is worth less than £250,000:

• Your surviving spouse/civil partner inherits everything

If you are married/in a civil partnership, have children, and your estate is worth more than £250,00:

• Your surviving spouse/civil partner inherits £250,000
• The remainder of the estate is split into two shares and you spouse/civil partner takes a life interest in one half share (the right to the income, but not the capital)
• Your children would inherit the other half share immediately and the remaining half share on the death of the surviving spouse/civil partner

If you are married/in a civil partnership, have no children, but have parents/brothers/sisters/grandparents/uncles/aunts:

• If your estate is worth less than £450,000, your spouse/civil partner inherits everything
• If your estate is worth more than £450,000, you spouse/civil partner inherits £450,000 plus a half share of the balance
• The remaining half share would pass to your other relatives in the following order of priority – parents; brother/sister; half brother/sister; grandparents; uncles/aunts

If you are not married/in a civil partnership, but you have children:

• The estate passes to your children in equal shares. If your children pre-decease you, their share goes to their children

If you are not married/in a civil partnership and you have no children:

• The estate will pass to your relatives in the following order of priority – parents; brothers/sisters; half brothers/sisters; grandparents; uncles/aunts
• If a relative has died, their children will take their share

If you are not married, have no children and there are no other relatives:

• The estate passes to the crown

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