What is Intestacy?

When someone dies without a will, their estate is divided up according to the Law. This is known as intestacy. These set of rules determine who inherits and is solely based on family connection. The rules do not consider any other aspect of your life or other relationships.

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What is intestacy?

When someone dies without a will, their estate is divided up according to standard rules, known as intestacy law. As set out in the Inheritance and Trustees' Power Act, the rules determine who inherits what based on family connections.

The rules don't take into account the closeness of your relationships, or who is most in need.

If a close relative or friend dies without a will, you can apply to become the administrator of their estate. This means you'll value the estate, settle any debts and distribute inheritances according to the intestacy rules.

If a close relative or friend dies without a Will, there are also standard rules, under the same law, as to who can apply to administer that person’s estate. This means that they will have to value the estate, settle any debts and distribute inheritances according to the intestacy rules.

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The intestacy rules determine how the estate of someone who dies without a will is distributed. The rules will allocate your estate to your family members in a strict order, depending on which relatives you leave behind. Usually, your spouse or civil partner will inherit the bulk of your estate (though unmarried partners won't inherit anything).

The following cases show how the intestacy rules apply in England and Wales.

  1. Married or in a civil partnership AND has children: The husband, wife or civil partner keeps all the assets (including property), up to £270,000, and all the personal possessions, whatever their value. The remainder of the estate will be shared as follows: the husband, wife or civil partner gets an absolute interest in half of the remainder the other half is then divided equally between the surviving children If a son or daughter (or other child where the deceased had a parental role) has already died, their children will inherit in their place.
  2. Married or in a civil partnership but has NO children: Their spouse will receive all personal possessions and the proceeds of the estate.
  3. Unmarried AND has children or grandchildren: The children will receive the proceeds of the entire estate when they turn 18. If there is more than one child, each will receive an equal share. If the child is deceased, grandchildren or great-grandchildren can inherit their parent's share. Adopted and biological children are treated equally.
  4. Unmarried with NO children: The entire estate will go to the following relatives, in this order:

    a. Their parents;
    b. If parents are deceased, to their brothers and sisters (with full siblings coming before half-siblings);
    c. If they have no siblings or surviving parents, to their grandparents;

    d. If grandparents are also deceased, to uncles and aunts or their children. Unmarried with no living relatives The entire estate will go to the Crown.

If any of these are not quite what you want, or, you want to make the process easier for your loved ones to deal with at an emotional time, please contact us now by emailing mark@mjrsolicitors.co.uk or info@mjrsolicitors.co.uk. Alternatevely, feel free to call us today on 01243 945054.

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