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How Intestacy Rules Apply Where There Is No Will

July 28, 2019 By Richard Farrell

Intestacy refers to the situation of an estate when the deceased person left no will (or diligent effort failed to find their testament). If there is a will, but it only mentions a few assets then the balance of that estate is intestate too.

However, either of these estates must be worth more than any current debt. If this is not the case then there is nothing share, because intestacy rules require debt must be settled first.

Foundation Principles behind UK Intestacy Rules

The intestacy rules for England and Wales set down the order of inheritance rights of family members. The rights of these persons to inherit are demarcated as follows:

  • Wives, husbands and civil partners (spouses) must outlive the deceased partner by at least 28 days to qualify
  • Other partners have no automatic right to inherit because they were not in a marriage or civil partnership at the time
  • Sons and daughters who are legally adopted qualify. However stepchildren have no rights under intestacy rules
  • Half-blood siblings share one parent. Half-blood uncles and aunts share one of the deceased’s grandparents

How English and Welsh Intestacy Law Works in Practice

SCENARIO 1: A spouse, children or other descendants survive

The Inheritance and Trustees Power Act of 2014 ensures an estate distributes more favourably to the marriage or civil partner. Therefore:

  • The marriage / civil partner receives the personal effects, the first £250,000, and half the remaining estate (if any)
  • The children share the balance of the estate between them. If one or more have died then their children (if any) share their entitlement
  • If there are no qualifying children or grandchildren then the deceased’s marriage / civil partner inherits the entire estate

Where the person died before the Inheritance and Trustees Power Act of 2014 came into effect a different set of rules apply.

SCENARIO 2: A person dies without a spouse, children or other descendants

If a person dies without leaving a will or the above family members, then their parents (if any) inherit their estate

SCENARIO 3: A person dies without any of the above family surviving

A deceased’s siblings (full brothers and sisters) are next up for consideration. In this case their siblings share their estate. If one or more have died then their children (if any) share their entitlement. The same logic applies if there are only half siblings (if any)

SCENARIO 4: There are no siblings or half siblings either

The estate then passes in its entirety to the grandparents. If there are none then any aunts and uncles share it. If one or more have died then their children (if any) share their entitlement.

SCENARIO 5: Only half-blood uncles and aunts / their children survive

The estate passes in equal shares to the half-blood aunts and uncles. If one or more have died then their children (if any) share their entitlement among them.

What Happens If There Are No Family Members?

If none of the above family members are alive at the time the deceased died, then their estate becomes ‘Bona Vacantia’ ownerless property. Hence it belongs to the Crown (or the relevant Duchy in Lancashire or Cornwall) under the English and Welsh intestacy rules.

Related

Filed Under: Probate Valuation Tagged With: intestacy rules for England and Wales, intestacy rules require debt must be settled first, probate valuation guide, UK Intestacy Rules, Welsh Intestacy Law

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Client Reviews

Jenny Schon
Dec 3, 2021
 by Jenny Schon on Avery Associates
Well done

This truly is a 'one stop shop' for all things relating to Probate valuations and clearance. Jeffrey is a 'facilitator' and full marks to him for finding... Read More

Kevin Anderson
Oct 26, 2021
 by Kevin Anderson on Avery Associates
Fantastic and Reliable

Our aunt was a recluse and hoarder. She died leaving two properties in London that were dilapidated and completely hoarded. Unfortunately, because everything... Read More

It was a pleasure to assist Kevin

T. Hackett
Aug 26, 2021
 by T. Hackett on Avery Associates
1st Class Service

Avery Associates Appraisal I have just moved house after almost 30 years of occupation. My initial choice of movers, Pickfords, decided at the last... Read More

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