Rules of intestacy: What happens when you die without a Will

from Kings Court Trust 

The rules of intestacy

Under the rules of intestacy in England and Wales (as an example), if the Deceased has a living husband, wife or civil partner and the estate (in the sole name of the Deceased) is not worth more than £270,000, the spouse or civil partner is entitled to everything. Joint assets pass by survivorship unless specific arrangements over those joint assets have been made.

When the estate is worth more than £270,000 and the person who died has children, the children will receive half of the remaining estate over the £270,000 threshold and the spouse or civil partner is entitled to the other half. For example, if an estate is worth £470,000 (in the sole name of the Deceased), the spouse or civil partner would inherit £370,000 (£270,000 plus £100,000 from half of the remaining estate) and any children would inherit £100,000 split equally between them.

No matter the value of the estate, the spouse or civil partner inherits all the Deceased’s personal belongings when there is no Will.

If the person who died did not have a spouse or civil partner but did have children, the estate would be equally split between the children – or their issue (the deceased’s grandchildren) if they have pre-deceased.

In England and Wales, the order of priority after children is:

• Living parents
• Full-blood siblings
• Half-blood siblings
• Grandparents
• Aunts/uncles
• Half-blood aunts/uncles

In Scotland, great aunts/uncles are entitled after half-blood aunts/uncles. Scotland also has a different legal system where Prior Rights and Legal Rights also apply. These rights are in place to ensure the surviving spouse/civil partner and children are not disinherited from an estate, but similar to estates in England and Wales, assets may not go to where immediate family think it should.

If a relative has passed away, their descendants are entitled to inherit on their behalf. For example, a cousin may inherit if the aunt/uncle has already passed away or a niece/nephew would inherit if a sibling had pre-deceased.

If the Deceased had no surviving relatives, the estate would pass to the Crown (or the relevant Duchy of Lancaster or Cornwall if appropriate).

The UK government website has a handy tool in which they ask a series of questions to help you identify who is entitled to inherit when someone dies without making a Will.

Could you do with some FREE, sound advice on:

• Writing a Will – What do I need and how much does it cost?
• Creating Lasting Powers of Attorney – If I was incapacitated who can act on my behalf?
• Property Protection Trusts – Can these really save Care Home Fees?
• Pre-Paid Funeral Plans – With so many to choose from how do I decide which plan is best?

There is so much confusion on these vital areas of estate planning, that sometimes just a chat with an expert in the field can clear up misunderstanding and set out the way ahead, without all the legal jargon.

Steve Worsfold
Affiliate Member of the Society of Will Writers
Advising on Wills/Trusts/Probate/Powers of Attorney

Mobile: 07734 744886
Office: 01903 533681
Email: steve@sussexwillwriters.co.uk
Website: www.sussexwillwriters.co.uk

Protecting What’s Precious to You,
Now and in the Future

Sussex Will Writers is proud to support Dementia Friends,
an initiative of The Alzheimers Society

Our business is certified ‘Safe to do business with’ and ‘Code compliant’
by the UK’s largest regulatory body for Will Writers, The Society of Will Writers.
Steve Worsfold has been an Affiliate Member of the Society for 15 years.