You are said to have died ‘intestate’ if you pass away without leaving a will, or if your will is ruled void. There are specific guidelines that govern how your property should be divided among your remaining family members in the event that you pass away intestate. This blog looks at this crucial subject, providing a concise overview of the intestacy rules to help you understand your position.
If They Are Married or in a Civil Partnership
Your estate will be divided as follows if this is you:
- Your spouse or partner will get the first £322,000. Additionally, they will receive half of any amount exceeding this sum. Your spouse or partner will receive your entire estate if it is less than £322,000; your children will not receive any portion of it.
- If your children have passed away, the remaining amount will be given to your grandchildren.
- Your children will inherit the entire amount of your inheritance if your spouse or partner dies before you.
- Your spouse or partner will receive the entire estate if you are childless.
A few points to consider:
- Your children will receive an equal share of whatever portion of your estate is bequeathed to them.
- Even if you are not together, your partner or spouse will still get their portion. They will not be eligible for benefits if you have dissolved your partnership or are legally divorced.
- Until they reach adulthood, the share of any children or grandchildren under the age of eighteen will be held in trust for them.
People Who Are Unmarried With No Children
According to the law, you are considered single if you are widowed or living together. The distribution of your estate in this case is as follows:
- Your fortune will be divided equally among any surviving children or grandchildren, if they outlive their parents.
- Your entire estate will pass to your parents, if they are still living, or your siblings, if they are not, if you are childless.
- Your estate is given to the Crown if you have no blood relatives.
This highlights the importance of having a valid will, as it will save the complexities of dying intestate and provide clear instructions on how your estate is to be distributed.
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