How to Distribute an Intestate Estate
When someone dies without a will, there may be doubts about who has the right to inherit. However, the intestacy rules solve these doubts very clearly. We have new intestacy rules from February 2020; and, according to them, the main heirs of someone who dies intestate are the spouse and children.
Thus, when someone dies intestate, nobody but the law can decide the distribution of the estate unless the heirs enter into a deed of variation of intestacy aka a Notional Will. This is something very important to keep in mind and the reason why, in most cases, making a will is highly recommended. With a will, the grantor can distribute the estate and can even take into consideration tax issues.
Nevertheless, if you are reading this article, chances are that it is too late to make a will and you are now worried about the distribution of an intestate estate. If that is the case, the people with rights to inherit are the deceased’s spouse and possibly children depending on the value of the estate.
The spouse has the right to receive the personal belongings of the deceased, plus up to 270,000 pounds and half of the remaining estate once amounts overs £270,000 are given. The children have the right to receive the other half of the remaining estate.
If there is more than one child, the estate will be distributed equally among them. If one of the children is already there, then the grandchildren will have the same rights as their parent. The only difference is that if there is more than one grandchild of the dead children, they will need to divide the estate, which in principle should go to their parent, equally among them.
In the case that there is no spouse or descendants, the heir rights go to the deceased’s parents, and, if that is not possible, to the brothers or uncles and aunts. Should nobody seem to have the right to inherit, then the rights go to the Crown.
As you can see, as long as there is family of the deceased, it is usually quite clear how the estate shall be distributed. However, sometimes it is difficult to find the people with rights. Families are not as close as they were in the past, and people travel a lot in search of work or even adventure. In such cases, we recommend Fleetwood Heir Hunters as they can help you find heirs for the estate and they will not ask you for money in advance, but only when the person actually inherits.