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The Laws of Intestacy

If someone dies and does not leave a Will, it is not possible to know for definite what their wishes were for their estate. In this case their estate is distributed according to the laws of Intestacy.

This is a set of rules set out in law which dictates who should inherit the assets of the deceased.

The laws only provide for certain relatives to inherit. These include some blood relatives, married partners and civil partners. Unmarried partners cannot inherit under these laws.

INTESTACY DISTRIBUTION LIST FROM OCTOBER 2014

Deceased dies leaving

Estate goes to:

A spouse/ civil partner and children

1. Net estate not more than 250,000 All to spouse /civil partner if he/she survives the deceased by 28 days.

2. Net estate over 250,000 First 250,000 plus personal possessions to spouse/ civil partner as well as half of the remaining estate with the other half going to any surviving children.

A spouse/ civil partner (but no children), and either parents, or brothers or sisters of the whole blood

All to spouse/ civil partner if he/ she survives the deceased by 28 days.

A spouse/ civil partner but no children, parents or brothers or sisters of the whole blood

All to spouse/ civil partner if he/ she survives the deceased by 28 days.

Children but no spouse/ civil partner

Children in equal shares on reaching 18.

Neither spouse/ civil partner nor children

Parents in equal shares.

No spouse/ civil partner, children or parents

Brothers and sisters of the whole blood in equal shares or their issue. If there are no brothers or sisters of the whole blood, then to brothers and sisters of the half blood in equal shares.

No spouse/ civil partner, children, parents or brothers or sisters

Grandparents in equal shares.

No spouse/ civil partner, children, parents, brothers or sisters or?grandparents Uncles and aunts of the whole blood in equal shares. If there are no uncles or aunts of the whole blood, then to uncles or aunts of the half blood in equal shares.
No spouse/ civil partner ?or blood relatives

All of the estate goes to the Crown.