What Happens when Someone Dies Without a Will?

When someone dies without a Will this is known as Intestacy.

The amount that surviving spouses or civil partners are allowed to inherit if their spouse/civil partner dies without leaving a will (statutory legacy) is formed of different levels and these were increased in 2009 to the following:

• Can inherit £250,000 where there is a surviving spouse / civil partner and children.
• Can inherit £450,000 where there is a surviving spouse / civil partner and parents or siblings, but no children.

When do Statutory Limits Apply?

The statutory limits only apply when the estate (assets) exceeds the minimum. For smaller estates, the spouse or civil partner will inherit the entire estate. Where the intestate estate exceeds the limit, the rules are:

1. If there is a husband, wife or civil partner, and children:
   • The partner gets the personal chattels, the first £250,000 and a life interest in half of what is left
   • The children of the deceased (including illegitimate and adopted children) share between them half of what is left straight away, if they are 18 or over; and the other half when the surviving parent dies.
2. If there is a husband, wife or civil partner, and relatives but no children:
   • The husband or wife gets the personal chattels, the first £450,000 and half of what is left.
   • The parents of the dead person, or if they have died, the brothers and sisters or their descendants, share the other half of what is left.
3. If there is a surviving husband, wife or civil partner, but no other relatives:
   The surviving spouse/partner gets everything.
4. If there are children, but no living husband, wife or civil partner, the children share everything equally.
5. If there is no husband, wife, civil partner or children, everything goes to the next available group of relatives.
6. If there are no available relatives, the entire estate goes to the State.

Contact us if this raises questions – we are happy to help you over the phone or we also offer a free initial appointment to chat about your situation. Call us on 01202 499255 to arrange a suitable time.