The rules of intestacy are a pre-defined order of who is entitled to inherit when someone dies intestate and are something we as a probate genealogy firm constantly receive queries about.
As a reminder, only married or civil partners and some other close relatives can inherit under the rules of intestacy. There are only eight specific classes of beneficiary.
As outlined in the slider document, the order of entitlement is as follows:
1️⃣ Married couples and Civil partners
2️⃣ Children
3️⃣ Parents
4️⃣ Siblings of whole blood (or their children)
5️⃣ Siblings of half-blood (or their children)
6️⃣ Grandparents
7️⃣ Uncles or aunts of whole blood (or their children)
8️⃣ Uncles or aunts of half-blood (or their children)
Back in July 2023, the Statutory Legacy amount – relevant when an individual passes away intestate leaving behind a spouse or civil partner AND any children – increased.
This now means that the surviving spouse or partner is entitled to receive the first £322,000 of assets with the remainder of the estate divided in half – one half to go to the surviving spouse or civil partner, with the other half to be divided equally between any children.
The rules of intestacy will celebrate their 100th birthday next year and are thus not that aligned with the more modern family dynamics we see today such as cohabitation and “blended families”. In addition, whilst fully adopted children are recognised, foster children and stepchildren are not.
Perhaps most infamously, couples living together who are not married or in a civil partnership – often referred to as “Common law spouses” – are not recognised by the rules. This could turn out to be particularly troublesome, given that the cohabiting couple is the fastest-growing living arrangement in England and Wales.
Also covered by the rules are cases of partial intestacy, where a valid will is in place but does not deal with all of the deceased’s estate.
We would be happy to assist with any queries on this topic, just get in touch – please call us on 01473 350 350 or email our dedicated legal firm query mailbox, monitored by our specialist team, at legal@angliaresearch.co.uk
Anglia Research is an award-winning probate genealogy and people tracing firm offering a range of services that assist probate practitioners throughout the estate administration process, such as:
- Finding missing beneficiaries named in a will
- Locating legally entitled relatives in intestacy cases
- Family tree verification & estate distribution guidance
- Providing fixed-cost international bankruptcy searches
- Undertaking financial asset and liability checks in the UK
- Accessing missing beneficiary indemnity insurance quotes
We also offer additional support around Statutory Will research services for Court of Protection teams and tracing owners of empty properties and absent landlords.
One Response
Intestacy rules on who can be appointed administrator(LOA) are never made clear for all circumstances leaving many
confused and anxious. For instance -if you read the priority list you would see spouse, children. etc etc down to less
close relatives. NO WHERE does it state a non blood related person or complete stranger in that hierarchy list but this
is incredibly misleading. In cases where the deceased Intestate died perhaps a long time ago and no LOA have ever been applied for before and the spouse would have been most entitled to grant but never applied, died much later, then you might suppose as many would, that one of their children would be next ‘most entitled’ . WRONG according to the probate registry who say the entitlelment would go retrospectively to the spouse who never applied as if it had been their right at the moment Intestate died – then the later deceased spouses own estate executor would take the right for the original Intestate and if he also does not apply for Intestate LOA and also dies……….and so on down a chain of dead representative of the spouse arriving at non related persons, even complete strangers !! YES that is what probate registry do – so the sole surviving child of Intestate does NOT take priority over someone who may not be related or even known to the family – this seems a horrendous situation which is affecting many would be applicants who need probate or LOA for their deceased relative in order to apply to Infected Blood authority albeit years or decades after the death of their loved one. How can this be fair ? You cannot even apply without probate authority and the child/closest kin cannot always get that if the entitlement would have gone to the spouse had they not later died themselves when it seems another ridiculous set of arrangements come in. This would seem to go totally against the list of hierarchy which lists priority and NO WHERE in that does it say that ‘chains of representation’ through a spouses estate apply.