Intestacy Rules and distribution of the Estate to persons other than the Spouse/Civil Partner

When a person dies without leaving a valid Will they are said to have died ‘Intestate.’ Their Estate must therefore be distributed under the strict laws of Intestacy which can be found in the Administration of Estates Act 1925.

This article focuses on the entitlement of the deceased’s relatives other than the spouse or civil partner. For an explanation on the entitlement of the spouse or civil partner under intestacy laws, click here.

The HM Revenue and Customs website provides a great deal of information on Intestacy issues. Click here to access their website.

Where the deceased did not leave a spouse or civil partner the Estate is distributed as follows:

The deceased was unmarried with children:

• The Estate is divided equally among the children at 18 or earlier if they marry
• If a child predeceases, leaving children, they take their parent’s share

The deceased was unmarried leaving no children:
 

• The Estate goes to the parents
• If none, then to siblings of the whole blood or their ‘issue’ (children or remoter descendants)
• If none, then to siblings of the half blood or their issue. 
• If no siblings, then to the grandparents. 
• If none, then to the uncles and aunts of the whole blood or their issue. 
• If none, then to uncles and aunts of the half blood or their issue. 
• If there are no surviving relatives as listed above the estate goes to the Crown (or to the Duchy of Lancaster or the Duke of Cornwall).

It is very important to make a Will to ensure your Estate passes to the individuals you want it to pass to. The rules of Intestacy are very rigid and the Estate must pass to either family or the Crown. It will not, therefore, pass to close friends. You should therefore make a Will at the earliest possible opportunity dealing clearly with all your assets so as to avoid an Intestacy, full or partial.