Rules of Intestacy

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    The Rules of intestacy for someone who has died after 1st October 2014 are a little complex and not usually what most people would wish, dying without a will usually causes confusion and delay in the estate distribution as well.

    Deceased Estate
    Rules of Intestacy

    If you have a spouse and children then your spouse gets your personal Chattels, a fixed sum of money (£250,000 when this article is written) and half of your remaining estate. The other half of the remaining estate will go to the children in equal shares via a statutory Trust and only after they are 18.

    If you die and you have a spouse but no children then the Spouse inherits everything.

    If you die and there is no surviving spouse and no children then your estate follows the bloodline back up then sideways, so back up to your parents, if they have died then sideways to your brothers and sisters in equal shares, then to their children (your nieces and nephews) per stirpes.

    If none of the above are available, spouse, children, grandchildren, parents, siblings, nieces, nephews or their issue, then your estate will go to brothers and sisters of half blood – equally and their issue per stirpes, then grandparents – equally if more than one living, then to uncles and aunts of the whole blood – equally and their issue per stirpes, then to uncles and aunts of half blood – equally and their issue per stirpes and finally, if all else fails to The Crown meaning Duchy of Lancaster or Duchy of Cornwall.

    If you would rather control the destiny of your estate then it’s a really good idea to write your will. Do it sooner rather than later, as you never know what the future holds for you or your family. A very good start is using one of our online forms, they’re quick and easy to use and you get your legal will written within 48 hours.

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    Matt Walkden Will Writer

    About Matt Walkden

    I am a Professional Will Writer and I offer a small number of other products that complement my Will Writing such as Lasting Power of Attorneys (LPA’s), Fixed Price Estate Administration, often called Probate and some Property Products such as changing a family home from Joint owners to Tenants in Common.

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