What are intestacy rules?

When someone dies without leaving a valid will, this legal state is known as intestacy. In this article, we cover key aspects of the rules around intestacy in England and Wales.

There is a strict order in terms of who can inherit, with priority given to close family members. Only certain relatives are in line to inherit, and you might be surprised at those excluded by intestacy rules; including unmarried partners, close friends and stepchildren of the deceased.

Let’s begin with a look at who has priority, before touching on how property and assets are divided, and the scenario of ‘bona vacantia’.

Spouse or civil partner takes priority

A surviving spouse or civil partner is first in line to inherit under intestacy rules. If the person who died had no children, the spouse or civil partner will usually inherit the entire estate.

In England and Wales, if there are children, the spouse or civil partner receives all personal possessions and the first £322,000 of the estate. This sum is called the statutory legacy. The remaining balance is then split – the spouse receives 50%, and the children share the other half equally.

Children and grandchildren

For cases in which there is no surviving spouse or civil partner, the estate usually passes on to the deceased’s children. It is split between them in equal shares.

If a child has already died, their share generally passes on to their own children (the grandchildren of the deceased). Children younger than 18 will normally have their inheritance held in a trust until they are adults.

Unmarried partners

An important note – unmarried partners are not recognised under the rules of intestacy. Even if a couple lived together for many years or shared financial responsibilities, an unmarried partner will not inherit anything from the estate automatically.

Order of inheritance (if no spouse or children)

Where there is no spouse, civil partner or children, the estate is distributed to other close relatives in the following order of priority:

– parents
– siblings
– half siblings
– grandparents
– aunts and uncles

Property and assets

Property owned jointly as ‘joint tenants’ automatically passes to the surviving owner, irrespective of intestacy rules.

A distinction is that property owned as ‘tenants in common’ does form part of the estate and is distributed according to the intestacy rules.

Bona vacantia

Finally, we move on to the process of ownerless property or ‘bona vacantia’. This occurs in the eventuality of no surviving relatives being identified. The estate then ultimately passes to the Crown; essentially, the state.

If you need advice, the experienced wills solicitors in North Wales at Bennett Smith are here to help. Call us today on 01248 671994.