What are the rules of intestacy?
If someone dies without making a Will then their estate automatically will pass in accordance with the Intestacy Rules. We have listed the main scenarios below:
Married/civil partnership with children: If you are married or are in a civil partnership and you have children, then the rules at the moment state that the first £270,000 will pass to your spouse and any remaining assets will be split in half – your spouse will get one half and your children will share equally the other half. It is important to note that if you want to ensure the financial security of your spouse after you pass away then you will need to make a will ensuring your estate is left outright to them.
Unmarried with children: If you are not married when you pass away then your estate will pass equally to your children.
Unmarried with no children: If you are not married and you have no children then your estate will pass in the following order of priority:
- Parents (equally)
- Brothers and sisters with the same parents as the person who died – if any brothers and sisters have already died, their share will pass to their children.
- Half-brothers or half-sisters who share one parent with the person who died – if any half brothers or sisters have already died, their share will pass to their children.
- Grandparents
- Aunts and uncles whose parents are the grandparents of the person who died – if any aunts and uncles have already died, their share will pass to their children.
- Half aunts and uncles with one parent who is the grandparent of the person who died – if any half aunts and uncles have already died, their share will pass to their children.
