Intestacy Rules FAQ
Reasons to choose Wilson Browne
What are the intestacy rules?
The intestacy rules are a set of rules that apply if someone passes away without a Will.
Does my estate have to pass via the intestacy rules?
No! The intestacy rules are the default position as to how your estate will be distributed in the event you pass away without a Will. It is therefore important to make a Will so you get to control what happens to your estate on your death.
What do the intestacy rules say?
The intestacy rules provide an order of priority as to who your estate will be distributed to.
If you are married and don’t have any children, your spouse will inherit your whole estate.
If you are married and have children and your estate is worth up to £322,000, your spouse will inherit your whole estate. If however your estate is worth over £322,000, your spouse receives a statutory legacy of £322,000, all your personal possessions, and half of the rest of your estate. Your children are then entitled to the other half of your estate, in equal shares.
If you are not married but have children, your children will inherit in equal shares.
If you are not married and do not have any children, your estate could be passed to your parents, brothers and sisters (or nieces/nephews if your siblings predecease you), half-brothers and sisters (or half-nieces/nephews if your half-siblings predecease you), grandparents, or aunts and uncles (or cousins), depending on who is alive. There is a clear order on who inherits.
What happens to my estate if I don’t have any family members living at the date of my death?
If you have no family members alive at the date of your death, then your estate could pass bona vacantia. This means your estate passes to the Crown as ownerless property.
Can my unmarried partner receive my estate on my death?
No. Unfortunately, the intestacy rules do not make provision for cohabitees/unmarried partners, no matter how long you have been together. It is therefore important to make a Will if you would like your partner to inherit your estate on your death.
Are stepchildren included under the intestacy rules?
No. The intestacy rules do not make provisions for stepchildren under the intestacy rules
How do the intestacy rules affect the administration of my estate?
It can make the process more complicated if, for example, there are a number of family members that need tracing and contacting. It can also take longer to obtain the Letters of Administration (a type of Grant of Representation) as a paper probate application will need to be submitted to the probate registry. There are only very niche circumstances an intestacy probate application can be made online.