Intestacy

Who receives your estate if you do not leave a Will?

If there is a surviving spouse or civil partner with children, the surviving spouse or civil partner receives a legacy of £250,000 plus the household and personal belongings of the deceased, and the income from half of the remainder of the estate.

The children receive one half of the remainder of the estate now and the remaining half on the death of the surviving spouse or civil partner.

If there is a surviving spouse or civil partner, but no children or grandchildren, then the surviving spouse or civil partner receives a legacy of £450,000 plus the household and personal belongings of the deceased, and the income from one half of the remainder of the estate.

The other half of the remainder of the estate passes to certain relatives in order of priority:

  1. Parents
  2. Brothers, sisters or their children

On the death of the surviving spouse or civil partner, the remainder of the estate passes to other relatives in order of priority.

If there is no surviving spouse or civil partner, the estate passes to children or grandchildren.  If there are no children or grandchildren, then the estate passes in order of priority to:

  1. Parents
  2. Brothers, sisters or their children

Otherwise, more remote relatives may inherit the estate, failing which all the estate passes to the Crown.

These rules can be complicated.

Contact us by email with your enquiry and we will call you.

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