Distribution of assets where there is no Will
When a person dies without having made a Will or has made one that is invalid (for example because it was not correctly executed) he is described as intestate and the law prescribes how his assets are to be distributed after his creditors have been paid.
This is a simplified guide to show in general terms who will inherit. It omits some intricacies and specific advice should always be taken if there is an intestacy.
1. Unmarried person with children
Estate split equally between the children
2. Unmarried person without children
Estate split equally between surviving parents;
If no parents, estate split equally between brothers and sisters (or their children);
If no brothers and sisters (or their children), estate split equally between grandparents;
If no grandparents, estate split between uncles and aunts;
If no uncles and aunts, estate goes to the Crown, the Duchy of Lancaster or the Duchy of Cornwall.
3. Married person with children
Entire estate to spouse if it does not exceed £125,000 and personal possessions. Otherwise the spouse receives the first £125,000 and the excess over £125,000 is split so that the children receive one half and the other half goes into a trust from which the spouse gets the interest during his or her lifetime, the balance going to the children after the second death. The relevant figure in each case will be £250,000 with respect to deaths occurring on or after 1st February 2009.
4. Married person without children
4.1 Entire estate to spouse if it does not exceed £200,000 and personal possessions. Otherwise the spouse receives the first £200,000 and the excess over £200,000 is split so that the spouse takes one half and the balance goes to the deceased’s parents - the relevant figure in each case will be £450,000 with respect to deaths occurring on or after 1st February 2009;
4.2 If there are no surviving parents, brothers and sisters of the deceased will take the half excess share;
4.3 If there are no surviving brothers or sisters, the balance goes to the surviving spouse.
Notes:
If relatives who would have been entitled have died leaving children, their children will take in their place.
Any entitlements for children under the age of 18 are held on trust (the terms of which are set out by law and lacking in the flexibility normally found in will and trust precedents). Children are entitled to the funds at the age of 18.
The table above has been simplified. There is in fact further ranking between brother and sisters of the whole blood and of the half blood.
Married persons includes those who have entered into Civil Partnerships.