Intestacy Rules

What happens in the event that someone dies without leaving a valid will?

When a person dies without having left a valid will, he or she is said to have died "intestate". The law sets out the rules which apply in that situation.

Married person with children

  • Spouse gets everything up to £125,000 & personal possessions.
  • Anything remaining is divided into two:-
    • Half to the children at 18 or earlier marriage.
    • Half in trust during spouse's lifetime - he or she gets the income. On spouse's death this half goes to the children.

If a child predeceases, leaving issue, his issue will take his share between them.

Married person, no children

  • If there are parents, brothers or sisters of the whole blood, nephew or nieces:-
    • Spouse (even if you are separated) gets everything up to £200,000 & personal possessions.
  • Anything remaining is divided into two:-
    • Half of this goes to spouse
    • Half to parents. If no parent is living then it goes to brothers or sisters or their children.

Married person, no parents, brothers or sisters of the whole blood, nephew or nieces

  • Spouse takes whole estate.

Unmarried person with children

  • Estate goes to children at 18 or earlier marriage.
  • If a child predeceases, leaving issue, his issue take per stirpes.

Unmarried person with no children

  • Estate goes to parents.
  • If none, then to siblings of the whole blood or their issue.
  • If none, then to siblings of the half blood or their issue.
  • If none, then to grandparents.
  • If none, then to uncles and aunts of the whole blood or their issue.
  • If none, then to uncles and aunts of the half blood or their issue.
  • If there are no parents, siblings (whole or half blood), issue of siblings, grandparents, uncles and aunts (whole or half blood), or issue of uncles or aunts, estate goes to the Crown (or to the Duchy of Lancaster or the Duke of Cornwall).