Who Inherits if there is no Will?

Who inherits if there is no will is controlled by the Intestacy Rules. We have copied them out in full (as a download) below so you can check exactly how they may apply to your situation but in case it helps, here is a brief summary.

1) If you are married without children, or parents or brothers or sisters of the whole blood (or their children) issue, your spouse takes:

(a)  The whole estate absolutely.(spouse includes a Civil Partner)

2. If you leave both a spouse and children, your spouse takes:

(a) The personal chattels (i.e. movable property such as cars furniture ,jewellery, etc. but not money) absolutely

(b) A statutory legacy of £125,000;

(c) A life interest in half the residue.

(2) The rest of the estate goes to the children in equal shares.

3. If you leave a spouse but and no children, but do leaves a parent, or brother or sister of the whole blood or their issue your spouse takes:

(a) the personal chattels absolutely;

(b) a statutory legacy of £200,000 absolutely;

(c) half the residue absolutely.

(2) The other half of the residue goes to the parent(s) or, if none, to the brothers or sisters of the  whole blood on the statutory trusts.

4. Where the Intestate leaves no surviving spouse:

One of the following eight classes take in this order:

(1) children or grandchildren etc on the statutory trusts;

(2) parents (equally if more than one);

(3) brothers and sisters of the whole blood on the statutory trusts;

(4) brothers and sisters of the half blood on the statutory trusts;

(5) grandparents (equally if more than one);

(6) uncles and aunts of the whole blood on the statutory trusts;

(7) uncles and aunts of the half blood on the statutory trusts;

(8) the Crown, as bona vacantia.

You can download the full rules here (Word doc).


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