When a person dies without leaving a valid Will, their property (the estate) must be shared out according to certain rules. These are called the rules of intestacy. A person who dies without leaving a will is called an intestate person.
Only married or civil partners and some other close relatives can inherit under the rules of intestacy.
If someone makes a will but it is not legally valid, the rules of intestacy decide how the estate will be shared out, not the wishes expressed in the will.
If the Deceased was Married or a Civil Partner #
Married partners or Civil Partners inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. If you are divorced or if your civil partnership has been legally ended, you can’t inherit under the rules of intestacy. Any children from the marriage or civil partnership will inherit the estate of a parent who dies intestate. These children can also inherit from grandparents or great-grandparents who have died intestate.
Partners who separated informally can still inherit under the rules of intestacy. Cohabiting partners (sometimes wrongly called ‘common-law’ partners) who were neither married nor in a civil partnership can’t inherit under the rules of intestacy.
If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £270,000, the partner will inherit:
- All the personal property and belongings of the person who has died, and
- The first £270,000 of the estate, and
- Half of the remaining estate.
All the children of the parent who has died intestate inherit equally from the estate. This also applies where a parent has children from different relationships.
For example: Sarah was in a Civil Partnership with Thomas and they had two daughters. Sarah died without leaving a Will. Her estate is worth £300,000. After Thomas inherits her share of £270,000, the estate that is left is worth £30,000. Thomas can have half of this – £15,000. The two daughters would inherit the remaining £15,000 equally; £7,500 each.
If there are no surviving children, grandchildren or great-grandchildren, the partner will inherit:
- All the personal property and belongings of the person who has died and
- The whole of the estate with interest from the date of death.
If there is no surviving Married or Civil Partner #
Children: If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them. This also applies where a parent has children from different relationships.
Adopted children (including stepchildren who have been adopted by their stepparent) have rights to inherit under the rules of intestacy. But otherwise you have to be a biological child to inherit.
Children do not receive their inheritance immediately. They receive it when they:
- Reach the age of 18, or
- Marry or form a civil partnership under this age.
Until then, trustees manage the inheritance on their behalf.
Grandchildren and great grandchildren: A grandchild or great grandchild cannot inherit from the estate of an intestate person unless either:
- Their parent or grandparent has died before the intestate person, or
- Their parent is alive when the intestate person dies but dies before reaching the age of 18 without having married or formed a civil partnership
In these circumstances, the grandchildren and great grandchildren will inherit equal shares of the share to which their parent or grandparent would have been entitled.
Other close relatives: Parents, brothers and sisters and nieces and nephews of the intestate person may inherit under the rules of intestacy. This will depend on a number of circumstances:
- Whether there is a surviving married or civil partner
- Whether there are children, grandchildren or great grandchildren.
- In the case of nephews and nieces, whether the parent directly related to the person who has died is also dead
- The amount of the estate.
Other relatives may have a right to inherit if the person who died intestate had no surviving married partner or civil partner, children, grandchildren, great grand-children, parents, brothers, sisters, nephews or nieces. The order of priority amongst other relatives is as follows: –
- Grandparents
- Uncles and aunts. A cousin can inherit instead if the uncle or aunt who would have inherited died before the intestate person
- Half-uncles and half-aunts. A half-cousin can inherit instead if the half-uncle or half-aunt who would have inherited died before the intestate person.
If there are no surviving relatives #
If there are no surviving relatives who can inherit under the rules of intestacy, the estate passes to the Crown. This is known as bona vacantia. The Treasury Solicitor is then responsible for dealing with the estate. The Crown can make grants from the estate but does not have to agree to them.
If you are not a surviving relative, but you believe you have a good reason to apply for a grant, you will need to seek legal advice. For more information about bona vacantia go to the GOV.UK website at www.gov.uk.
Who cannot inherit? #
The following people have no right to inherit where someone dies without leaving a will:
- Unmarried partners (sometimes wrongly called ‘common-law’ partners)
- Lesbian or gay partners not in a civil partnership
- Relations by marriage
- Close friends
- Carers
For more information please visit https://www.gov.uk/inherits-someone-dies-without-will