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Intestacy

Intestacy

Introduction

Where a person dies without leaving a Will they die intestate. The succession to their estate is provided for in the Administrations of Estates Act 1925.

The essentials

  • In England and Wales, if someone dies without a valid Will (intestate), the law dictates how their assets are distributed
  • The order of inheritance typically starts with the spouse, then children, then other close relatives
  • The specific rules are complex and depend on the family structure, but generally, a surviving spouse will inherit everything if there are no children
  • If there are children, the spouse may receive a certain amount and a portion of the remaining estate, with the rest divided among the children
  • Partners (not married) have no legal entitlement under the Rules of Intestacy

More to think about

HMRC have a useful tool to find out who is entitled to a share of someone’s money, property and possessions if they die – see the link below.

More information