What are the rules of intestacy?

When someone dies without a Will, their estate is distributed in line with the rules of intestacy. But what does this mean?

The rules of intestacy provide a succession of people who will inherit from the estate. The following is a brief summary of how the rules of intestacy operate.

• Was the deceased married/in a civil partnership?
  • If yes, is their estate in excess of £270,000 and do they have any children?
    • If yes to both of the above, then the spouse will receive the first £270,000 of the estate, and any balance in excess will be split between the spouse and the children. The spouse will also receive all personal possessions outright.
    • If there is a spouse but no children, then the estate will pass to the spouse in full, absolutely.
• If the deceased was not married or in a civil partnership but does have children then the estate will pass to the children in equal shares.
• If the deceased did not have a spouse or children, then it is necessary to consider whether the deceased’s parents are still alive and if so, they will inherit the estate in full.
• If there is no spouse, children or parents, then the estate will pass to any living siblings of the deceased.
• If this category also fails, then it becomes necessary to consider half-blood siblings.
• Thereafter, the considerations fall to grandparents and then aunts and uncles.
• If the deceased has no living relatives, then the estate will pass to the crown absolutely.

Whilst the rules seemingly address all viable options, they are somewhat outdated and are not well suited for modern day living. For example, unmarried or long-term partners do not have any rights under the rules and are not considered as a category of person eligible to inherit from the estate. A surviving unmarried spouse is essentially invisible to the rules of the succession will pass them by in favour of the blood relatives.

Whilst this can be an undesirable outcome in most cases, the unmarried spouse does still have some options available to them and they may be able to bring a claim under the Inheritance Act.

The rules also fail to acknowledge step-children, with only natural and legally adopted children being considered within the rules. But again, there is likely still scope for such stepchildren to be able to bring a claim under the Inheritance Act.

It is worth noting that jointly owned assets such as property or bank accounts, held in joint names, will not pass through the rules of intestacy and will instead pass to the surviving proprietor.

If you need advice in relation to an inheritance dispute, please get in touch with our specialist team on 0161 696 6178.