An Easy to Follow and Concise Guide to Intestacy Laws
Most adults know that they ought to have a Will in place to protect their assets and loved ones.
However, around 64% of the population will sadly die without ever having gotten around to making a Will, leaving the consequences to their family at a time of distress.
The rules of intestacy provide as follows: If you are married or in a registered civil partnership
Scott is a widower aged 86 and he died without making a Will.
Scott had four children, Jessica, Katie, Annabel, and Sam.
The eldest three children were all alive when Scott passed away, but his youngest child (Sam) died when he was in his early fifties, leaving two sons - Harry and Charlie.
Charlie sadly passed away in his twenties leaving behind a young daughter named Lily.
Scott's estate is divided into four equal shares.
Jessica, Katie and Annabel each get one share.
The other share (which would have gone to Sam if he was still alive) is divided into two equal shares: Harry gets one share, and the other share (which would have gone to Charlie if he was still alive), passes to Lily when she reaches eighteen.
And finally...
If you are ever in doubt as to who inherits what, make sure that you seek the appropriate legal advice.
Better still, ensure that you don't leave problems behind for your loved ones -- and make a Will!
However, around 64% of the population will sadly die without ever having gotten around to making a Will, leaving the consequences to their family at a time of distress.
The rules of intestacy provide as follows: If you are married or in a registered civil partnership
- If you are married (with or without children) and your estate is under 250,000 then your estate will pass to your spouse.
- If you are married with children and your estate is over 250,000 then your spouse will receive your personal chattels plus the first 250,000 of your estate plus a life interest in half the remainder.
Your children will receive the balance.
- If you are married without children then your spouse will receive your personal chattels plus the first 450,000 of your estate, together with half the remainder.
Your parents will receive the balance.
If you have no parents who are alive, then your brothers and sisters of the whole blood will share the balance.
If you have no parents or brothers and sisters of the whole blood, then brothers and sisters of the half blood will share the balance. - If you are married but have no children, parents or brothers and sisters then your entire estate will pass to your spouse.
If you are un-married - If you are un-married and have children then your estate will be divided equally between your children.
If you have no surviving children but have grandchildren, then your estate will be divided equally between your grandchildren. - If you are un-married and have no children or grandchildren, then your estate will be divided equally between your parents.
If you have no surviving parents then your estate will be divided equally between your brothers and sisters of the whole blood.
If you have no parents or brothers or sisters of the whole blood then your brothers and sisters of the half blood will share your estate. - If you have no surviving parents, brothers of sisters, then your estate will be divided equally between your grandparents.
Failing this, your estate will be divided equally between your uncles and aunts of the whole blood.
If you have no uncles or aunts of the whole blood then your estate will be divided equally between uncles and aunts of the half blood. - If you are not survived by any parents, brother, sister, grandparents, uncles or aunts, your estate will pass to the Crown.
- It is important to remember that if any of the deceased's children have died before him or her leaving children of their own (i.
e.
the deceased's grandchildren), then those children will be entitled to take between them the share that their mother or father would have taken had he or she still been alive. - This also applies to brothers and sisters, and uncles and aunts of the deceased who have children.
So if any of them have died before the deceased died, the share that he or she would have taken will pass equally between his or own children.
Scott is a widower aged 86 and he died without making a Will.
Scott had four children, Jessica, Katie, Annabel, and Sam.
The eldest three children were all alive when Scott passed away, but his youngest child (Sam) died when he was in his early fifties, leaving two sons - Harry and Charlie.
Charlie sadly passed away in his twenties leaving behind a young daughter named Lily.
Scott's estate is divided into four equal shares.
Jessica, Katie and Annabel each get one share.
The other share (which would have gone to Sam if he was still alive) is divided into two equal shares: Harry gets one share, and the other share (which would have gone to Charlie if he was still alive), passes to Lily when she reaches eighteen.
And finally...
If you are ever in doubt as to who inherits what, make sure that you seek the appropriate legal advice.
Better still, ensure that you don't leave problems behind for your loved ones -- and make a Will!
Source...