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Our team of solicitors are experts in advising on the intestacy rules.
If a person dies without leaving a valid Will then the Intestacy Rules dictate and determine who gets what. It doesn't matter what the stated or unstated intentions of the deceased were, the law decides the issue in the absence of a properly executed Will:
1. Married with a living spouse
2. Estate of less than £125,000 goes to the spouse. Estate of more than £125,000 and no other surviving relative, everything goes to the spouse.
3. Married with a lawful living spouse and children, Estate less than £125,000 goes to the spouse. Estate more than £125,000 then the spouse receives £125,000 and a life interest in half of anything over this sum. Children receive half the sum over £125,000 immediately and the other half on the death of the spouse. If the children die first their children receive their parent's entitlement.
4. Lawful spouse, no children, but parents/brothers/sisters/grandparents/aunts/uncles Estate worth more than £200,000 - spouse receives £200,000 and half the balance with the remaining half to the other relatives in order of priority - parents, brothers/sisters, half brothers/sisters, grandparents, aunts/uncles.
5. Not lawfully married with children Estate shared between the children. Should they die first their children would take their share.
6. The deceased leaves no will and is not lawfully married, with no children but with parents or brothers/sisters/grandparents/aunts/uncles Estate shared equally amongst them in order of priority - parents, brothers/sisters, half brothers/sisters, grandparents, aunts/uncles, spouses of aunts/uncles. If any of these have died first, but have living children then the children take their parent's share.