What Are the Intestacy Rules?

The intestacy rules apply where a person dies without leaving a valid will (total intestacy) or when their will does not dispose of their entire estate (partial intestacy).

The Intestacy Rules and How They Work

The rules determine how the residuary estate (the property remaining after debts and liabilities are paid) is distributed among the surviving relatives, based on a strict order of priority.

• If the deceased has a surviving spouse or civil partner but has no children, the spouse or civil partner inherits the entire estate.
• If the deceased has both a surviving spouse or civil partner and children, the spouse or civil partner is entitled to the deceased’s personal items, a fixed net sum (currently £322,000 for deaths on or after 26 July 2023), and one-half of the remaining residuary estate, with the other half passing to any children.
  • If the deceased had a child who died before them and that child had children of their own, those children (the deceased’s grandchildren) would inherit in their parents place, each sharing their parent’s entitlement.
  • It is important to note, however, that the intestacy rules only apply to biological or adopted children, not to stepchildren.

• If there is no surviving spouse or civil partner, but they had children, then the estate passes to the deceased’s children.
• Where there is no surviving spouse or civil partner and no children, the estate is distributed to other relatives in the following order of priority:

1. 1. Parents
   2. Siblings/half-siblings
   3. Grandparents
   4. Aunts and uncles/half aunts and uncles
   5. Nieces and nephews

• If no relatives are entitled, the estate passes to the Crown.

It is important to note that there are no provisions in the intestacy rules for unmarried partners or those without a civil partnership. However, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals, including cohabitants or dependants, to apply for reasonable financial provision from the estate if the intestacy rules do not adequately provide for them. In this case, a claim would need to be made, which is costly, time-consuming, and stressful, which is why it is important that provisions are made for such individuals in a valid will.

Finally, the intestacy rules do not always apply to jointly owned assets, life insurance policies, or pension schemes. Property and bank accounts sometimes pass to the surviving joint owner, but this is not always the case.

Take a look at the government’s handy intestacy questionnaire here.

Inheritance can be complex, but at Howell Jones Surrey solicitors, expert help is just a conversation away. For professional wills advice, contact one of our friendly Wills & Probate team today on 0800 011 9813.