INTESTACY RULES - BENEFICIARIES ORDER OF PRIORITY

If a person dies without leaving a valid Will then The Intestacy Rules (set out in the Administration of Estates Act 1925) dictate and determine who gets what. It doesn’t matter what the stated or unstated intentions of the deceased where, the The Intestacy Rules decide the issue in the absence of a properly executed will. The following is a basic guide to what would happen:

• Married with a lawful living spouse (i.e. not ‘common law’ partners which is not a relationship recognized under the Intestacy Rules)

  • Estate of less than £125,000 goes to the spouse.
  • Estate of more than £125,000 and no other surviving relative (eg children, grandchildren, parents), everything goes to the spouse.
  • Married with a lawful living spouse and children:

    • Estate less than £125,000 goes to the spouse.
    • If your estate is worth more than £125,000 then your spouse would get £125,000 and a life interest (ie the right to take interest on the remainder, but not the capital itself) in half of anything over this sum. Your children would get half the sum over £125,000 immediately and be entitled to the other half on the death of your spouse. Should any of your children die before you then their children would be entitled to take their parent's share.

  • If you have a lawful spouse, no children, but parents/brothers/sisters/ grandparents/aunts/uncles:

    • If your estate is worth less than £200,000 then your spouse gets everything.
    • If your estate is worth more than £200,000 then your spouse would get £200,000, plus half the balance. The remaining half goes to the other relatives in this order of priority - parents; brothers/sisters; half brothers/sisters; grandparents; aunts/uncles; spouses of aunts/uncles.

• If you are not lawfully married, but have had children The Intestacy Rules require that your estate be shared between the children. Should they die before you then their children would take their share.
• If you are not lawfully married, have no children, but have parents or have had brothers/sisters/grandparents/aunts/uncles then The Intestacy Rules require that your estate be shared equally amongst them in this order of priority - parents; brothers/sisters; half brothers/sisters; grandparents; aunts/uncles; spouses of aunts/uncles. If any of these have predeceased, but have living children then the children will take their parent's share.
• If you are not lawfully married, and have no other relatives then the Crown can claim the entire estate under The Intestacy Rules.

It should be noted that The Intestacy Rules do not recognise "common law" partners, and that "children" includes natural, adopted and illegitimate children, but excludes step-children. The figures are correct as at January 2007, but are subject to change.

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