Rules of Intestacy
Distribution of property
After all the assets have been gathered and all debts, fees and taxes have been paid it is down to the executor to distribute the estate amongst the beneficiaries. If there is a Will then the estate is distributed according to the wishes of the deceased. If there is no Will and the deceased has died Intestate then the estate will be distributed by the laws of Intestacy.
The following outlines the way an estate is distributed in the event of Intestacy:
Intestacy Distribution
Deceased died leaving:
A Spouse/Civil Partner and Children
1. Net estate not more than £125,000 – All goes to spouse/civil partner if he or she survives the spouse by 28 days.
2. Net Estate over £125,000 – First £125,000 plus personal possessions to spouse/civil partner. Half of the rest is shared equally amongst the children. The spouse/civil partner also have the right to interest only on the other half during his/her lifetime, then after the death of the spouse/civil partner, to the children in equal shares.
A Spouse/Civil Partner and No Children, and either parents, or brothers or sisters of the whole blood.
1. Net estate not more than £200,000 – All to the spouse/civil partner if he/she survives the deceased by 28 days.
2. Net estate over £200,000 – If he or she survives the deceased by 28 days, £200,000 plus personal possessions to spouse/civil partner, plus half of the rest. The other half to the deceased parents in equal shares; if no parents, then to brothers and sisters of the whole blood in equal shares.
A spouse/civil partner but no children, parents or brothers and sisters of the whole blood
1. All to spouse or civil partner if he or she survives the deceased by 28 days.
Children but no spouse/civil partner
1. Children in equal shares upon reaching 18
Neither spouse/civil partner nor children
1. parents in equal shares
No spouse/civil partner, children or parents
1. Brothers and sisters of the whole blood in equal shares.
2. If there are no brothers or sisters of the whole blood, then brothers and sisters of the half blood in equal shares.
No spouse/civil partner, children, parents, brothers or sisters
1. Grandparents in equal shares
No spouse/civil partner, children, parents, brothers, sisters or grandparents
1. Uncles and aunts of the whole blood in equal shares.
2. If there are no uncles or aunts of the whole blood, then to uncles or aunts of the half blood in equal shares.
No spouse/civil partner or blood relatives
1. All of the estate goes to the crown
Explanation
If anyone that was entitled to a share of the estate dies before the deceased, leaving a child or children of their own then the children will take equal shares.
This principle cascades down the list so if a child of a person who would have inherited the estate also dies before the deceased then those children will take in equal share the share that the mother or father would have taken if the parent had survived the deceased.
If any person entitled to a share of the estate dies after the deceased but before the estate is distributed, his or her share forms part of his own estate and is distributed according to his own will or intestacy.
Only blood relatives are entitled to share in the estate. Those related through marriage only are not entitled.
Step brothers and sisters are not related by blood and are not entitled to share in the intestacy.
Uncles and aunts of the half blood are brothers and sisters of the half blood of the deceased father and mother.
Uncles or aunts who are related to the deceased only by marriage are not entitled to share in the estate on intestacy.
Claims on the estate
Whether you are related to the deceased or not, you can make a claim on the estate if you were in any way financially supported by the deceased. This will apply to unmarried partners. If you qualify you must make a claim within 6 months of the date on which the grant of representation is issued. The court may allow later application in special circumstances. If you wish to make an application consult a solicitor as soon as possible after the death of the deceased.
If there are no relatives
The crown has the right to the whole estate.
Effect of marriage/civil partnership and divorce where there is a will
Marriage/civil partnership normally cancel any will made previously. A will can be made in anticipation of a marriage or civil partnership and this would remain valid.
Divorce or dissolution of a civil partnership means that the former partner cannot get anything from the Will unless stated otherwise. Divorce/dissolution usually means that the partner can no longer act as a representative.
A former partner that has not remarried or entered into another civil partnership may make an application for financial provision from the deceased’s estate.
