subject: Uk Intestacy Laws, A Brief Guide [print this page] Most people appreciate that they should have a Will written in order to protect their assets and those they might leave behind. In reality, around 64% of the population will pass without having made the effort to write a Will. This leaves the consequences to their family to deal with at a difficult time.
In this article, we are going to have a brief look at what will happen to your estate if you die without making a Will. The rules which apply to England and Wales are known as the "Rules of Intestacy". However, any assets that are owned jointly (such as a bank account) will usually pass to the surviving joint owner on the death of one joint owner under the rules of survivorship.
The rules of intestacy provide as follows:
If you are married or in a registered civil partnership
1. If you are married (with or without children) and your estate is under 250,000 then your estate will pass to your spouse.
2. If you are married with children and your estate is over 250,000 then your spouse will receive your personal chattels plus the first 250,000 of your estate plus a life interest in half the remainder. Your children will receive the rmainder.
3. If you are married without children then your spouse will receive your personal chattels plus the first 450,000 of your estate, combined with half the remainder. Your parents will receive the balance. If you have no parents who are alive, then your brothers and sisters of the whole blood will share the balance. If you have no parents or brothers and sisters of the whole blood, then brothers and sisters of the half blood will share the balance.
4. If you are married but do not have children, parents or brothers and sisters your whole estate will be passed to your spouse.
If you are un-married
1. If you are un-married and have children then your estate will be divided equally between your children. If you have no surviving children but have grandchildren, then your estate will be divided equally between your grandchildren.
2. If you are un-married and have no children or grandchildren, then your estate will be divided equally between your parents. If you have no surviving parents then your estate will be divided equally between your brothers and sisters of the whole blood. If you have no parents or brothers or sisters of the whole blood then your brothers and sisters of the half blood will share your estate..
3. If you have no surviving parents, brothers of sisters, then your estate will be divided equally between your grandparents. Failing this, your estate will be divided equally between your uncles and aunts of the whole blood. If you have no uncles or aunts of the whole blood then your estate will be divided equally between uncles and aunts of the half blood.
4. If you are not survived by any parents, brother, sister, grandparents, uncles or aunts, your estate will pass to the Crown.
It is important to remember that if any of the deceased's children have died before him or her leaving chidren of their own (ie the deceased's grandchildren), then those children will be entitled to take between them the share that their mother or father would have taken had he or she still been alive.
This also applies to brothers and sisters, and uncles and aunts of the deceased who have children. So if any of them have died before the deceased died, the share that he or she would have taken will pass equally between his or own children.
Getting confused yet?
Here is a make believe case example to help you understand.
Peter is a widower aged 82 and he died without writing a Will. Scott had four children, Jessica, Katie, Annabel, and Sam.
The eldest three children were all alive when Scott passed away, but his youngest child (Sam) died when he was in his early fifties, leaving two sons - Harry and Charlie. Charlie sadly passed away in his twenties leaving behind a young daughter named Lily.
Peter's estate is divided into four equal shares. Jessica, Katie and Annabel each get one share. The other share (which would have gone to Sam if he was still alive) is divided into two equal shares: Harry gets one share, and the other share (which would have gone to Charlie if he was still alive), passes to Lily when she reaches eighteen.
And finally...
If you are ever unsure as to who will inherit what, ensure that you are taking the correct legal advice.
Even better, make sure that you don't leave difficulties behind for your loved ones to deal with - and make a Will!
