Rules of Intestacy
2020

Intestacy is a situation in which someone dies without a will. The rules of how to distribute the estate in such cases have changed a lot, but here we offer a summary about how they work right now, since the last change on February 6, 2020.

Intestacy Guide

Summary of the rules of intestacy from 2014 until 2020

According to the rules of intestacy of 2014, the spouse and the children of the deceased were the main heirs. Assuming that both children and spouse are alive when the death occurs, the estate would be divided in the following way:

The heirs with rights according to the law are the spouse or civil partner and possibly the children. In case of intestacy, if the partnership is not official, the partner will not have any rights as an heir. Common law partners are not automatically entitled however they may well have a claim under the Inheritance and Dependants Act 1975. Speak to our partners at IWC Probate & Wills if you need to contest the distribution of an estate

When both the children and spouse live, the spouse will receive up to £270,000 which corresponds to the statutory legacy and half the estate above such statutory legacy. As for the children, they will receive the other half of the remaining estate above the statutory legacy.

If the children have predeceased, but there are other descendants, like for example grandchildren, they would receive the share corresponding to their corresponding parent. However, if the children are deceased without other descendants and the spouse is alive, the spouse will receive all of the estate, no matter which other family members of the deceased are alive, including parents, grandparents, uncles, and aunts, etc.

If both children and spouse are dead and the children do not have other descendants, the estate would go fully to the grandparents, and if they are also dead, to the uncles and aunts, first the full blood ones, and if they do not exist the half-blood ones.

When none of these people are reachable, you can hire an heir hunting service to help you find them. Otherwise, if there are no heirs with rights, the estate would go fully to the Crown.

In conclusion, it is always highly recommended to make a will. With it you can distribute your estate as you wish including any partners who have a relationship with you that has not been formalised yet. Making a will is cheap, fast, and very efficient in comparison with the issues that usually appear when one dies intestacy.

What Can I Do?

If you want to avoid intestacy and you want to discuss will and probate matters, you can ask for help at IWC Probate & Will Services. Making a will will save a lot of time and likely money for your future heirs.