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What are the Rules of Intestacy?

The rules of intestacy apply when someone dies without a valid will, or where the will doesn't dispose of the full estate. The rules are based solely on their family relationships.

When do the rules apply?

  • The deceased did not make a will.
  • The deceased had a will, but it was deemed to be invalid.
  • The deceased had a valid will, but it failed to dispose of their entire estate. Assets not covered by the will, are subject to the rules.

The rules are set out in the Administration of Estates Act 1925.

Key intestacy rules

If the deceased was married or in a civil partnership at the time of death:

  1. With children:
    • The spouse or civil partner inherits all personal possessions, the first £322,000 of the estate (known as the statutory legacy), and half of the remaining estate.
    • The children will inherit the remaining estate, shared equally between them.
  2. No children:
    • The spouse or civil partner inherits the entire estate.

If the deceased was not married or in a civil partnership at the time of death, then the estate passes in a strict order of priority:

  1. Children: The estate is shared equally between biological and legally adopted children.
  2. Parents: If there are no children, the estate is shared equally between any parents.
  3. Full siblings: If there are no parents, the estate is shared equally between any siblings.
  4. Half-siblings: If there are no siblings, the estate is shared equally between any half-brothers or half-sisters.
  5. Grandparents: If there are no half-siblings, the estate is shared equally between any grandparents.
  6. Uncles and aunts: If there are no grandparents, the estate is shared equally between any uncles and aunts.
  7. Half-uncles and half-aunts: If there are no uncles or aunts, the estate is shared equally between any half-uncles and half-aunts.
  8. No surviving relatives: If there are no remaining relatives, the entire estate passes to the crown under the rules of bona vacanatia.

If a beneficiary has passed, but they have surviving children, or grandchildren, their share will pass down their bloodline instead of moving to the next step. This is known as per stirpes.

Who is excluded?

  • Unmarried partners (regardless of cohabitation).
  • Stepchildren.
  • Friends.
  • Charities.
  • Carers or non-relatives.

The rules are rigid, and if any of these people want to inherit they must attempt to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.