The rules of intestacy decide what happens to someone’s estate when they die without a will. The spouse or civil partner inherits the first £270,000 plus half of anything that’s left over. The children then get an equal share of the rest.
Intestate is a word used to describe someone who died without a will.
When someone writes a will, they have the opportunity to say who they want to inherit their estate and how much each of them should get. Many people choose to leave everything to their spouse, civil partner or children, but extended family, friends and charities are also popular choices.
When someone dies intestate, there are no legally-binding wishes regarding what should happen to their estate. In cases where there isn’t a will, the rules of intestacy come into play.
The rules of intestacy are a set of laws that define what should happen to someone’s estate when they die intestate. They usually work reasonably well for traditional families whose circumstances are fairly straightforward, but things can be more difficult for unmarried partners and step-children.
When someone dies without a will, their next of kin inherits the estate. Under the rules of intestacy, the spouse or civil partner of the person who died always stands to inherit the most, but the exact amount depends on whether they have children (or grandchildren if any of their children have died).
To help you apply the rules of intestacy to your situation, we’ve provided examples for some of the most common scenarios below. If you’d prefer to speak to a probate specialist over the phone, please give us a call on 020 3695 2090.
The surviving spouse or civil partner inherits solely-owned assets (and joint assets held as tenants in common) up to the value of £270,000. They also inherit all personal possessions, along with half of anything over £270,000. The rest is then shared equally between their children.
For example: Peter was married to Jane and had four children. When he died without a will, his estate was worth £500,000 (excluding any personal possessions). Susan inherited all of his personal possessions and the first £270,000 of the estate, which left £230,000. Susan also inherited 50% of this (£115,000) giving her a total of £385,000. The remaining £115,000 was then shared equally between their four children, who received £28,750 each.
Note: If one or more of the children has already died, grandchildren or great-grandchildren can inherit their parent’s share.
The estate is shared equally between the children, not including any step-children. If any of the children has already died, grandchildren or great-grandchildren can inherit their parent’s share.
For example: Mandy was unmarried and had two children, Daniel and John. When she died without a will, her estate was worth £600,000. Daniel inherited £300,000 but, because John had already passed away, his £300,000 share was split equally between his three children (leaving them with £100,000 each).
Note: If John didn’t have children or grandchildren of his own, his share would also have been inherited by Daniel.
If someone dies intestate and has no children, their close relatives inherit the estate in the following order of priority:
No. The rules of intestacy are there as a kind of safety net to try and make sure money flows to the right people. However, since the rules are around 100 years old, they don’t really take into account more modern family dynamics – such as unmarried couples or parents with step-children.
As well as having a say on who inherits your estate, there are a few other important reasons to make a will, including:
Under the rules of intestacy, the following people don’t stand to inherit anything:
Children only inherit under the rules of intestacy if either:
What is the best type of will for married couples?
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