What happens if there is no Will?

The rules which decide who can deal with a person’s estate and inherit from it if they die without leaving a Will are called the ‘Intestacy Rules.’ These rules are set out in legislation.

The order of entitlement depends on the value of the estate and which family members survive the person.

If the estate exceeds £322,000 and the person is survived by both their spouse and children, the estate will be divided between them in accordance with legislation. If there are no children then the entire estate will pass to the surviving spouse.

If the deceased is survived by both their spouse and children, the estate will be divided between them in accordance with legislation. If there are no children then the entire estate will pass to the surviving spouse.

If the deceased leaves neither spouse nor children, the order of inheritance will be as follows:

1. Parents
2. Siblings
3. Half siblings
4. Grandparents
5. Uncles and Aunts
6. Half Uncles and Aunts

If the deceased leaves no blood relations then the estate will pass to the Crown. The Crown may make provision for anyone dependent on the deceased or those the deceased might reasonably have been expected to make provision for.

Often the Intestacy Rules can leave an individual confused and unsure how to handle the estate. It is therefore sensible to take advice from experienced Will Solicitors who have dealt with the intestacy rules previously. Our Intestacy Solicitors are experts in this area.