Intestacy Rules In The UK

Intestacy rules are extremely important in the UK, in that they cover the event of someone dying without a will. While often considered fairly archaic, they are still the law and, as such, it’s important you’re aware of how they work, how they can be avoided and when they can be challenged.

Here at legacy Wills & Probate, we have extensive experience when it comes to intestacy rules in the UK. Our experienced team of probate solicitors can provide a complete service when it comes to intestacy, including supporting you throughout the process and even challenging the process on your behalf.

What Are The Rules of Intestacy?

The rules of intestacy are a set of legal rules which determine how the estate of a person who dies without having made a valid will should be divided.

In the UK, if you die without a will, your estate will be distributed in accordance with the intestacy rules. This means that your assets will be passed on to your next of kin in a predetermined order, regardless of your wishes.

If a person dies without having made a valid will, they are said to have died intestate. In these circumstances, their estate will be distributed in accordance with the intestacy rules and split amongst surviving relatives.

The intestacy rules can be complicated, and depend on your personal circumstances. For example, if you are married or in a civil partnership, your spouse or civil partner may inherit most or all of your estate. However, if you have children, your spouse or civil partner will only inherit a portion of your estate, with the rest being divided among your children.

There are different intestacy rules for England & Wales, Northern Ireland and Scotland.

If you die intestate and have no close relatives in your family tree who are eligible to receive assets from your estate, then your personal possessions will go to the Crown.

How Can I Avoid Dying Intestate?

The best way to avoid dying intestate is to make a valid will. This will allow you to determine how your assets should be distributed on your death, and ensure that your estate is split according to your wishes, rather than intestacy rules.

Does The Next Of Kin Get Everything If There Is No Will?

According to the rules of intestacy, if you die without having made a valid will, your estate will be distributed to your next of kin in a predetermined order.

If you are married or in a civil partnership, your spouse or civil partner will inherit most or all of your estate. However, if you have children, your spouse or civil partner will only inherit a portion of your estate, with the remaining assets sold or split amongst your children.

What Are The Rules of Intestacy In England?

The intestacy rules in England are as follows:

• If you are married or in a civil partnership, your spouse or civil partner will inherit the entire estate if you have no children. If you have children, they will inherit the first £250,000 of your estate, plus half of any remaining assets.
• If you are not married or in a civil partnership, your children will inherit your entire estate, divided equally amongst them.
• If you have no spouse, civil partner or children, your parents will inherit your estate.
• In some cases, it is possible that your surviving grandparents could be entitled to your estate, in addition to any full blood siblings or half blood siblings.
• If you have no close relatives, your estate will go to the Crown.

If you don’t have a will in-place, intestacy rules determine how your estate is inherited by your loved ones.

Who Administers The Estate Of An Intestate Person?

In the event that someone dies intestate, it is the responsibility of the next of kin to administer the estate. This means that they will be responsible for distributing the assets in accordance with the intestacy rules, and for settling any debts or liabilities which are owed by the estate.

The role of administrator can be complex, and it is advisable to seek professional legal advice if you find yourself in this situation. Here at Legacy Wills & Probate, we can provide a complete service to help you in the event that a loved one has intestate.

Alternatively, if you’re concerned about dying intestate, we can provide complete will writing services to help you ensure your wishes are carried out following your death.

When Someone Dies, What Is The Order of Inheritance?

The order of inheritance, according to intestacy rules, is as follows:

1. It starts with your surviving spouse or, if you’re in a civil partnership, your civil partner.
2. If you don’t have a spouse or civil partner, your children (including step-children and adopted children) will inherit your estate.
3. Without children, grandchildren or great-grandchildren, your parents will be your next of kin, and your estate passes to them.
4. If you don’t have a spouse, civil partner, children or parents, your brothers and sisters (including half-brothers, half-sisters and so on) will be your next of kin.

If you don’t have a next of kin, or other relatives, according to these steps, then your estate will go to the government and to the Crown.

How Long Does It Take To Resolve Intestacy?

The time it takes to sort out an intestate estate can vary depending on the complexity of the estate and the number of next of kin involved. However, it is typically much quicker to administer an intestate estate than one where there is a valid will in place.

If you need help sorting out an intestate estate, or if you would like to put a will in place to avoid your loved ones having to go through the intestacy process, please contact us today. Our team of experienced solicitors can provide expert advice and assistance, ensuring that your estate is distributed in accordance with your wishes.

Intestacy can be a complex and stressful process, but the experienced team at Legacy Wills & Probate are here to help you resolve complex intestacy issues.

Who Inherits When There Is No Will, In The UK?

If you die without a will, your remaining estate (after inheritance tax) will pass on to your next of kin.

This will be determined by the intestacy rules, which are set out by the government. The intestacy rules outline who your next of kin are, and in what order they will automatically inherit your estate.

The first step is to determine whether you have a surviving spouse or civil partner. If you do, they will inherit your entire estate if you have no children. If you have children, they will inherit the first £250,000 of your estate, plus half of any remaining assets.

Secondly, if you are not married or in a civil partnership, your children will inherit your entire estate.

Thirdly, if you have no spouse, civil partner or children, your surviving parents will inherit your estate.

Finally, if you have no close relatives, your estate will go to the Crown.

Who Has No Right To Inherit, According To Intestacy?

While full blood and half blood family members are entitled to inherit your estate, whatever the family arrangement, there are some loved one’s in your life who may not be entitled to inherit, according to intestacy rulings. These include:

• Unmarried Partners
• Relations by Marriage
• Close Friends
• Carers

However, even if you aren’t entitled to inherit under intestacy rules, you may be able to apply to the court for a financial provision from the estate.

What Happens If The Rules Of Intestacy Aren’t Followed?

If the rules of intestacy aren’t following in the event of a loved one dying without a will, this can cause problems for the next of kin who are trying to administer the estate.

It is therefore advisable to seek professional legal advice if you find yourself in this situation, as there may be complex issues which need to be resolved.

Should Inheritance Be Distributed Equally Between Siblings?

If a loved one dies without a will, then a portion of the estate should be distributed evenly amongst their surviving children.

What Triggers Intestacy?

Intestacy is triggered in the event of someone dying without a will. The estate of anyone who dies without a will in-place will be subject to intestacy, making it extremely important that your personal possessions are covered by a legal will.

Can Intestacy Rules Be Challenged In Court?

Intestacy rules can only be challenged if you believe you have been treated unfairly, according to the rules of intestacy and next of kin, or in the event that there was a legitimate will. If you are looking to challenge intestacy rules, you will need to have both a genuine reason to, in addition to effective support from professional intestacy solicitors or probate experts.

What Is The Difference Between Intestacy & Probate?

Probate is the legal process of administering a deceased person’s estate. This includes collecting assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries.

Intestacy is triggered when someone dies without a will. In this case, the intestacy rules will determine how the estate is to be distributed.

Struggling With Intestacy In The UK? Get In Touch With Legacy Wills & Probate Today

Here at Legacy Wills & Probate, we can provide a complete range of professional legal services relating to will writing, probate, letters of administration and intestacy. Whether you’re looking for an experienced team of solicitors to guide you through intestacy, or you’re looking to challenge the rules of intestacy following a loved one’s death, don’t hesitate to get in touch today.

Our experienced team are here to help you get through one of the most difficult periods of your life. Whether you’re looking for advice, support or practical legal services for intestacy, don’t hesitate to get in touch today.