Malcolm ZoppiThu Aug 01 2024

What Are The Rules of Intestacy in the UK?

When someone passes away without leaving a valid will in the UK, their estate is divided according to the rules of intestacy. But what exactly are these rules? How does the UK determine how assets and property are distributed in the absence of a will? Let’s explore the intricacies of UK intestacy rules and discover […]

When someone passes away without leaving a valid will in the UK, their estate is divided according to the rules of intestacy. But what exactly are these rules? How does the UK determine how assets and property are distributed in the absence of a will? Let’s explore the intricacies of UK intestacy rules and discover what happens when estates are divided without a will.

Key Takeaways:

  • The rules of intestacy in the UK govern the division of a deceased person’s estate when no valid will is left behind.
  • Only close relatives, such as spouses, children, and grandchildren, can inherit under the rules of intestacy.
  • The division of the estate depends on various factors, including the presence of a surviving spouse, children, and other close relatives.
  • In cases of joint ownership or joint bank accounts, the rules of intestacy may differ.
  • If there are no surviving relatives, the estate may pass to the Crown.

Who can inherit under the rules of intestacy in the UK?

When it comes to inheriting under the rules of intestacy in the UK, not everyone is automatically entitled. The laws prioritize close relatives, ensuring that the deceased’s assets are distributed among those with the closest familial ties.

Here’s a breakdown of who can inherit under the UK intestacy rules:

  1. Married or Civil Partners: If the deceased was married or in a civil partnership, their spouse or civil partner has a legal right to inherit.
  2. Children, Grandchildren, and Great-Grandchildren: The deceased’s direct descendants, including children, grandchildren, and great-grandchildren, can inherit. However, adopted children are also eligible, but stepchildren or foster children are not.
  3. Parents: If there are no surviving spouse or children, the estate passes to the deceased’s parents.
  4. Siblings, Nieces, and Nephews: In the absence of a spouse, children, or parents, the deceased’s siblings, nieces, and nephews may be entitled to inherit.

It’s important to note that unmarried partners, friends, and carers do not have automatic rights to inherit under the rules of intestacy. Without a valid will, these individuals may not be considered eligible beneficiaries.

Understanding who can inherit under the UK intestacy rules ensures that the estate is distributed according to the legal framework and the deceased’s wishes.

How is the estate divided under the rules of intestacy in the UK?

The division of the estate under the rules of intestacy in the UK depends on the specific circumstances. Let’s take a closer look at how the estate is divided in different scenarios:

If there is a surviving spouse or civil partner and no children:

Comprehensive provider

Get the specialist support you need

Whether you require specialised knowledge for your business or personal affairs, Zoppi & Co can support you.

In this case, the surviving spouse or civil partner will inherit the entire estate. This includes all assets, property, and personal belongings.

If there is a surviving spouse or civil partner and children:

In this scenario, the estate is divided as follows:

  1. The surviving spouse or civil partner will typically inherit the personal chattels, which include household items, furniture, and personal belongings.
  2. They will also receive the first £322,000 of the estate, known as the statutory legacy.
  3. Finally, the remaining estate will be divided equally between the surviving spouse or civil partner and the children.

If there are no surviving spouse or children:

If there are no surviving spouse or children, the estate may pass to other close relatives in a specific order of priority. The rules of intestacy outline the order in which relatives are entitled to inherit, starting with parents, then siblings, nieces and nephews, and so on.

It is important to note that the division of the estate under the rules of intestacy may not always align with the deceased’s wishes or family dynamics. This is why it is recommended to have a valid will in place to ensure that your estate is distributed according to your preferences.

ScenarioDivision of Estate
Surviving spouse or civil partner, no childrenSpouse/civil partner inherits entire estate
Surviving spouse or civil partner, childrenSpouse/civil partner receives:

  • Personal chattels
  • First £322,000 of the estate
  • Half of the remaining estate

Children inherit the other half of the remaining estate

No surviving spouse or childrenEstate may pass to other close relatives in a specific order of priority

Jointly-owned property and bank accounts in the UK intestacy rules

In cases where the deceased person owned property or had joint bank accounts with another person, it’s important to understand how the rules of intestacy in the UK may apply differently.

If the property was owned jointly as beneficial joint tenants, the surviving joint owner automatically inherits the deceased person’s share of the property.

However, if the property was held as tenants in common, the surviving joint owner does not automatically inherit the other person’s share.

Similarly, in the case of joint bank accounts, the surviving account holder will typically inherit the entire account balance.

Subscribe to our newsletter

Please select all the ways you would like to hear from Zoppi & Co

You can unsubscribe at any time by clicking the link in the footer of our emails. For information about our privacy practices, please visit our website.

We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices here.

What happens if there are no surviving relatives under the UK intestacy rules?

If there are no surviving relatives who are entitled to inherit under the UK intestacy rules, the estate will pass to the Crown. This is known as “bona vacantia.” The Treasury Solicitor is then responsible for administering the estate. It is possible for individuals who are not surviving relatives but believe they have a valid claim to the estate to apply to the court for financial provision. However, this is subject to legal advice and the discretion of the court.

Making changes to the distribution of the estate under the UK intestacy rules

If you find yourself in a situation where you believe the distribution of an estate under the UK intestacy rules does not align with your wishes, there is a solution. By making a deed of family arrangement or variation, you can rearrange the way the estate is distributed.

This process allows beneficiaries who would not inherit under the rules of intestacy to receive a portion of the estate. It provides flexibility in ensuring that the assets are divided in a manner that better reflects your specific circumstances and intentions.

However, it is important to note that all beneficiaries who would inherit under the rules of intestacy must agree to this arrangement. This ensures that everyone involved is on the same page and consents to the rearrangement. Seeking legal advice is crucial to navigate the intricacies of the UK intestacy rules and to ensure that the deed of family arrangement is legally binding.

By exploring this option and making a deed of family arrangement, you can have a say in how your loved one’s estate is distributed, rather than being bound solely by the defaults set out in the intestacy rules.

Conclusion

Understanding the UK intestacy rules is essential when it comes to ensuring the correct distribution of a deceased person’s estate, especially if no valid will is in place. These rules govern who can inherit, how the estate is divided, and what happens in the absence of surviving relatives. It’s also possible to make changes to the estate’s distribution through a deed of family arrangement, but seeking legal advice is recommended due to the complexities of intestacy laws in the UK.

In summary, knowing the UK intestacy rules empowers you to navigate the intricate process of distributing an estate without a will. By understanding who can inherit, how the estate is divided, and the potential options for rearranging the distribution, you can ensure that the deceased individual’s wishes are carried out. Consulting with a legal professional ensures you make informed decisions and avoid any potential pitfalls that may arise.

Overall, the UK intestacy rules provide a framework for fair and equitable distribution of estates when no will is in place. By familiarizing yourself with these rules and seeking expert guidance, you can navigate the complexities and ensure that the assets and property are distributed according to the law, minimizing any potential disputes or conflicts.

FAQ

What are the rules of intestacy in the UK?

The rules of intestacy in the UK determine how the estate of a person who dies without a valid will is distributed among their surviving relatives.

Who can inherit under the rules of intestacy in the UK?

Only certain close relatives can inherit under the rules of intestacy in the UK, including married or civil partners, surviving children, grandchildren, and great-grandchildren.

How is the estate divided under the rules of intestacy in the UK?

The division of the estate under the rules of intestacy in the UK depends on the specific circumstances. If there is a surviving spouse or civil partner and no children, the spouse will inherit the entire estate. If there is a surviving spouse or civil partner and children, the spouse will typically inherit a portion of the estate, with the rest being divided among the children.

What happens to jointly-owned property and bank accounts under the UK intestacy rules?

If a person who dies intestate owned property or had joint bank accounts with another person, the rules of intestacy in the UK may differ. If the property was owned jointly as beneficial joint tenants, the surviving joint owner automatically inherits the deceased person’s share of the property. However, if the property was held as tenants in common, the surviving joint owner does not automatically inherit the other person’s share. Similarly, in the case of joint bank accounts, the surviving account holder will typically inherit the entire account balance.

What happens if there are no surviving relatives under the UK intestacy rules?

If there are no surviving relatives who are entitled to inherit under the UK intestacy rules, the estate will pass to the Crown. This is known as “bona vacantia,” and the Treasury Solicitor is then responsible for administering the estate.

Can changes be made to the distribution of the estate under the UK intestacy rules?

Yes, it is possible to rearrange the way the estate is distributed under the UK intestacy rules through a deed of family arrangement. This allows beneficiaries who would not inherit under the rules of intestacy to receive a portion of the estate. However, all beneficiaries who would inherit under the rules of intestacy must agree to this arrangement.

What is the summary of the UK intestacy rules?

Understanding the rules of intestacy in the UK is crucial to ensure that the estate of a deceased person is distributed correctly in the absence of a valid will. The rules determine who can inherit, how the estate is divided, and what happens if there are no surviving relatives. It is also possible to make changes to the distribution of the estate through a deed of family arrangement. Seeking legal advice is recommended to navigate the complexities of intestacy laws in the UK.

Find out more!

If you want to read more in this subject area, you might find some of our other blogs interesting:

Disclaimer: This document has been prepared for informational purposes only and should not be construed as legal or financial advice. You should always seek independent professional advice and not rely on the content of this document as every individual circumstance is unique. Additionally, this document is not intended to prejudge the legal, financial or tax position of any person.

Comprehensive provider

Get the specialist support you need

Whether you require specialised knowledge for your business or personal affairs, Zoppi & Co can support you.