When someone passes away intestate, their estate is distributed according to the rules of intestacy.
These rules are a pre-defined order of who is entitled to inherit. They also cover instances of partial intestacy where a valid will does not deal with all the deceased’s estate.
The priority order 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)
It’s worth remembering that the term ‘blended family’ is not recognised under the rules of intestacy. Whilst fully adopted children are recognised, foster children and stepchildren are not (unless they have been fully adopted in by their stepparent).
Perhaps most infamously, the rules make no allowance for cohabiting couples who are not married or in a civil partnership i.e. often (and incorrectly) referred to as “Common Law spouse.” This can turn out to be particularly troublesome, given that the cohabiting couple is the fastest growing living arrangement in England and Wales.
In short, the rules of intestacy can be complex and, at times, unforgiving. That’s why we created our intestacy flowchart which we hope you will find useful.
If you require any further assistance around the rules of intestacy please view our dedicated web page on the topic or just get in contact as we’d be happy to help – please call us on 01473 350 350 or email us 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
- Supporting Court of Protection teams with Statutory Will research
This article was published by Anglia Research as part of their advertising agreement with Today’s Wills and Probate.
The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.
