Intestacy
Intestacy
Intestacy - The effect of not writing a Will
If a person dies without a Will in England or Wales* then their estate is distributed as follows:
If they were not married
- The parents - if deceased then to
- Any brothers and sisters or if not alive to their children - if none then to
- Grandparents - if deceased then to
- Uncles and aunts or if not alive to their children - if none then
- The Government
Any partner not legally married to the deceased does not automatically inherit anything and has to claim via the courts.
If they were married with no children
a) The surviving spouse would receive the first 200,000 of the estate plus all personal possessions and half of the remainder of the residual estate absolutely. The distribution of the house will depend on how it is owned, (just owning it in both names might not be sufficient for the surviving spouse to inherit it).
b) The other half of the remainder of the estate is distributed to the deceased's
i. Parents - if deceased then to
ii. Any brothers and sisters or if not alive to their children - if none then
c) The surviving spouse get the rest.
If they were married with children
a) The surviving spouse would receive the first 125,000 of the estate plus all personal possessions plus interest from half of the rest of the estate until death, then the capital will go to the surviving children. The distribution of the house will depend on how it is owned, (just owning it in both names might not be sufficient for the surviving spouse to inherit it).
b) The other half goes to the children immediately, if they are under 18 then it is held for them in trust until they reach the age of 18.
(*OTHER RULES APPLY IN SCOTLAND AND NORTHERN IRELAND)