If a person dies intestate (without a Will) their estate is distributed according to the Intestacy rules in the following manner:
If the Deceased was Married with children
- The Spouse gets £125,000 of the deceased’s assets & the personal possessions.
- Anything remaining is divided between the surviving spouse and the children of the deceased:
- Half to the children when they reach 18 or on their marriage if before.
- Half in trust for the life of the Spouse – Whilst alive the Spouse will get the income that is generated and on her death, the capital passes to the deceased’s children
If the Deceased was married without children or in a Civil Partnership and the Deceased’s parents or brothers or sisters of the whole blood or nephew or nieces are still alive:-
- Spouse gets everything up to £200,000 & the personal possessions.
- Anything remaining is divided into two:-
- Half of this goes to spouse
- Half to parents or if none survive then to brothers or sisters or their children.
If the Deceased was Married but has no surviving parents, brothers or sisters of the whole blood or nephew or nieces
Spouse takes whole estate.
If the deceased was single but had children
Estate goes to children when they reach 18 or on their marriage if before.
If the deceased was single without children
The estate is distributed to the first living relatives in the following order
- Deceased’s parents.
- Deceased’s brothers and sisters of the whole blood or their issue.
- Deceased’s brothers or sisters of the half blood or their issue.
- Deceased’s grandparents
- Deceased’s Uncles and Aunts of the whole blood or their issue
- Deceased’s Uncles and Aunts of the half blood or their issue
If none of the above are alive or can be traced then the estate become bona vacantia and passes to the Crown
