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Intestate estates
When someone dies ‘intestate’, it means that they died without leaving a valid will. It might be that they never made a will, or that the one they did make wasn’t properly written.
If someone makes a will but it is not legally valid, the rules of intestacy decide how the estate will be shared out, not the wishes expressed in the will.
When someone dies without a will, their money, possessions and other assets are distributed to surviving spouses, direct descendants, or other close relatives if they had no children.
The rules of intestacy are as follows:
Married partners and civil partners
Married partners or civil partners inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. So if you are divorced or if your civil partnership has been legally ended, you can’t inherit under the rules of intestacy.
If there are no children or other direct descendants, they inherit all of the money and assets.
If there are surviving children, grandchildren or great grandchildren of the person who died, the spouse or partner will inherit:
- All the personal property and belongings of the person who has died
- The first £322,000 of the estate
- Half of the remaining estate, if the estate is over £322,000
The other half of the remaining estate is shared out equally among the children or other direct descendants.
Children of the deceased person
If there is no surviving partner, the children inherit the whole estate. If there are two or more children, the estate will be divided equally between them.
If there is a surviving partner, children inherit one half of the value of the estate above £322,000. For example, if the estate is £422,000, the first £322,000 goes to the spouse or partner, leaving £100,000. Half of this also goes to the spouse or partner, leaving £50,000 remaining which goes to the children. If there are two or more children, they inherit this in equal shares.
Other direct descendants and close relative.
If there are no spouses, civil partners or children, the estate is divided among grandchildren, great-grandchildren, or other close relatives. See the diagram below for how the estate is divided in this case.
Disputing intestate estates
Often, the rules of intestacy do not work for the families left behind. That might be because there are cohabitees or step children who are ignored, or perhaps there are children under 18 who have inherited parts of the estate that the surviving spouse needs (particularly with shares in a house). If this is the case, there are different options.
Varying the terms of intestacy
Whilst Intestacy Rules are strict, it is possible to change the effect of them if ALL the beneficiaries who are entitled agree and consent to change how the estate is divided to a different arrangement.
This agreement to vary needs to be dealt with by a legal document known as a Deed of Variation. It is important to take legal advice in these circumstances. We can help draw up a deed of variation to ensure it is legally binding.
Challenge the terms of intestacy under the 1975 Act.
If a deed of variation is not possible because the parties do not agree, then it may be possible to challenge the distribution of inheritance under the 1975 Act. The 1975 Act gives the courts power to vary the terms of intestacy to provide reasonable financial provision to a qualifying person. For example, if the rules of intestacy mean that a person who was financially dependent on the deceased no longer has that support, the courts can assess the needs of that person and change the inheritance arrangements to ensure they are provided for.
Challenging the rules of intestacy under the 1975 Act requires expert legal assistance to assess the circumstances, gather the evidence and make the application. We can provide the legal assistance you need to challenge the inheritance arrangements under the 1975 Act.
Rules of intestacy flow chart
