Death:
Intestacy rules
If you die without a valid will, your assets will pass in accordance with the intestacy rules. The rules for England and Wales are summarised below.
If there is a surviving spouse:
If there are children, (see Jargon Buster) the estate is divided as follows:
- All personal possessions to the surviving spouse
- The spouse receives a statutory legacy of £125,000
- The spouse receives a life interest in half the residue of the estate (if any) with the capital going to the children on the death of the spouse
- The children receive the remaining half of the estate.
If there are no children but one or more of parents, siblings and their issue survive then the estate is divided as follows:
- All personal possessions to the surviving spouse
- The spouse receives a statutory legacy of £200,000
- The spouse receives half the estate absolutely
- The other half is shared by the parent(s) absolutely or, if neither survive, by the siblings (or their issue) absolutely.
If there are no children, parents, siblings or their issue the spouse takes the whole estate.
If there is no surviving spouse
If there are children they will take the whole estate absolutely.
If there are no children then the whole estate goes to other surviving relatives in the order specified below:
- Parents
- Siblings or their issue
- Half siblings or their issue
- Grandparents
- Uncles and aunts or their issue
- Parents half siblings or their issue.
If any relatives survive in the category then the whole estate passes to them. If more than one then it is shared equally.
If there are no children or other relatives then the whole estate goes to the Crown.
 | |
Where next?
General…
