The Rules of Intestacy

The Rules of Intestacy dispose of a person’s estate in England and Wales on their death if it has not been disposed of by their Will.

When we use the word ‘estate’, what is meant is what that person owned and could have retrieved themselves just before they died. This means that policies that pay out only because of death, such as life insurance policies, are not part of the ‘estate’.

The Rules of Intestacy also apply when there is no valid Will.

The law passes the undisposed of estate to certain categories of persons, under the Rules of Intestacy.

If the deceased was married or in a civil partnership at their death and had children (this would include children adopted by the deceased), then the spouse/civil partner would inherit the deceased’s personal items, a sum up to £322,000 and half the remaining estate, and the children would inherit the remaining half when they attain majority (the age of 18). If there were no children, the spouse/civil partner would inherit everything.

As referred to above, the Rules of Intestacy can apply when there is no Will at all, but also when a will fails to adequately dispose of the estate of the deceased. For example, the deceased may have specifically left a chattel or sum of money (known as a specific bequest and pecuniary legacy, respectively) to an individual, but that said individual may have died before the deceased, and the Will contained no proviso or contingency for this eventuality. That item or sum of money would then pass under the said Rules.

The close blood relatives of the deceased may also not know if a valid will is in existence, and have to then attempt to conduct a search and make reasonable enquiries. This can be an added stress to what is already a very difficult time for the relatives of the deceased.

Who can inherit?

It appears to be a belief of some that a ‘common law spouse’ has the same rights available to them as though they were the actual spouse / civil partner, and sometimes the next of kin of the deceased may believe that they have immediate legal rights to deal with the estate of the deceased. Both these beliefs have no basis in English Law, indeed a next of kin may have no legal standing on death.

Another common belief we encounter is that if there is no valid will and no next of kin ‘the government takes the money’. In practice, the deceased’s estate reverting to the Crown seldom occurs.

Referring back to the Rules of Intestacy, and the categories of persons to inherit, if there is no spouse or children then the estate would pass to the deceased’s parents, if none, the deceased’s siblings of the whole blood, or their own children (or ‘issue’) if the said sibling of the deceased died before the deceased, leaving children. If there are no siblings then the deceased’s estate passes to aunts and uncles and so on.

In our experience, no matter how much of a ‘nomad’ a deceased appears to have been, with seemingly no living relatives at all, there are always living relatives, albeit possibly very remote, that inherit.

However, why leave this to chance? We would always recommend that you make a will and keep it under review, and inform your loved ones and your chosen executors as to its location.

Frequently Asked Questions

What are the Rules of Intestacy?

The Rules of Intestacy are statutory provisions that determine how a person’s estate is distributed in England and Wales if they die without a valid Will or if their Will does not cover all of their assets.

Who inherits under intestacy rules?

Typically, the estate is distributed to close family members in a fixed order of priority, starting with a spouse or civil partner and children, followed by parents, siblings, and more distant relatives if necessary.

Does a spouse or civil partner inherit everything?

Not always. If there are children, the spouse or civil partner receives personal belongings, a statutory sum, and a portion of the remaining estate, while the children inherit the rest.

Do unmarried partners have inheritance rights?

No. Unmarried partners (sometimes referred to as “common law spouses”) do not inherit under the Rules of Intestacy, regardless of how long they were together.

What happens if there are no children or spouse?

The estate passes to other relatives in a set order, such as parents, siblings, nieces and nephews, and extended family members.

Examples

Example A

Married with children

John dies without a Will, leaving behind his wife and two children. His estate is worth £500,000. His wife inherits all personal belongings, the first £322,000, and half of what remains. The two children share the remaining half equally once they turn 18.

Example B

An unmarried couple living together

Emma and Tom have lived together for 15 years but never married. Emma dies without a Will. Despite their long relationship, Tom is not entitled to inherit under the intestacy rules. Emma’s estate instead passes to her closest blood relatives, such as her parents or siblings.