What is intestacy?
When a person dies without leaving a will, they are described as having died intestate, which means that their estate will be distributed according to the rules of intestacy.
What are the rules of intestacy?
In England and Wales, there is a statutory set of rules, that were updated in October 2014 and that are enforced if you die intestate. (The rules are different in Scotland). Your estate would be divided according to this fixed set of rules, irrespective of what your intentions actually were, and that means your estate might not be divided in the way you expect – or want!
Who would receive an inheritance under the rules of intestacy?
The rules will enforce the division of your estate in a fixed order as below:
Married couples and civil partners. If you die intestate, your spouse or civil partner will only receive a certain amount of your estate (currently the first £270,000, plus half of everything above that amount). They may also inherit if you have informally separated, but not if you have divorced or legally ended your civil partnership.
If you’re married or in a civil partnership and you die intestate, your spouse or civil partner will not automatically receive all of your estate. They will only receive your personal possessions, along with:
all of the rest of your estate if you have no children, grandchildren or great grandchildren.
the first £270,000 of your estate, if you have children, grandchildren or great grandchildren, plus half of the rest of the estate. The other half of the rest of the estate will go to your children.
Other considerations
If you have joint bank accounts, the account passes automatically by survivorship to the other joint account holder.
If you own land or property with another person (you’re the co-owner), the way it is dealt with for inheritance depends on how you own it:
If you own the land or property as beneficial joint tenants when you die, your co-owner will automatically inherit your share.
If you own the property as tenants in common, your co-owner will not automatically inherit your share of the property but it will be dealt with by your will or by the rules of intestacy if you don’t have a will.
The property and money that your partner has automatically inherited according to the joint ownership rules will not be part of the estate that is being shared according to the
Children. If you die intestate and are survived by children, birth or adopted, the rules of intestacy will divide the estate in one of two ways:
If you have a surviving spouse or civil partner, part of it will pass to them (the first £270k plus personal possessions) and the rest will be distributed amongst your children. If your estate is worth less than £270,000 your spouse or civil partner will inherit the whole of your estate and your children will receive nothing.
If you have no surviving spouse or civil partner your child or children will receive the whole of your estate.
In both of the above cases the part of the estate apportioned to your children will be shared equally amongst them.
Do remember that if you are separated but are still married or in a civil partnership, your spouse or civil partner may inherit, even though you no longer live together. This means that your children may not inherit any of your estate if you die intestate.
Children from another relationship and adopted children
When an estate is being divided under the rules of intestacy, all of your children are treated equally. Children from all relationships and legally adopted children will receive equal shares of the estate.