Who inherits if there is no Will – Intestacy

If you find yourself in the unfortunate situation that your loved one has died, and they have not left a Will, then the estate will be shared out in line with certain rules known as the “Rules of Intestacy,” and these are set out in the Inheritance and Trustees’ Power Act 2014. They are strict rules wherein married couples, civil partners and certain other close relatives can inherit from the estate. The order of priority is usually:

  • Spouse or civil partner
  • Children
  • Parents
  • Siblings
  • Grandparents
  • Uncles and Aunts

Who inherits under the intestacy rules:

  • If the deceased was married or in a civil partnership and had no children, then the surviving spouse/civil partner (providing they survive by 28 days) would be entitled to the whole of the estate.
  • If the deceased was married or in a civil partnership and had children, then the surviving spouse/civil partner would be entitled to inherit all personal possessions, along with up to £322,000 in assets plus 50% of anything above that sum, with the remainder 50% split equally between the surviving children.
  • If the deceased was not married/in a civil partnership but had children, then everything is shared equally between the children (this will include all biological children from all relationships or adopted children).
  • If the deceased was not married/in a civil partnership and had no children, then everything will be shared equally between one of the following groups in the order of priority:
    • Parents
    • Siblings (Whole blood)
    • Siblings (Half-blood)
    • Grandparents
    • Uncles and Aunts (Whole blood)
    • Uncles and Aunts (Half-blood)
  • If the deceased was not married/in a civil partnership, had no children and had no blood relatives, then the estate goes to the Crown.
  • If the deceased was living with their partner (not married or in a civil partnership), the partner will not be entitled to receive anything under the Rules of Intestacy. However, they may be able to bring a claim against the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Other categories of people who cannot inherit under the intestacy rules are:
    • family related by marriage (such as stepchildren)
    • friends
    • carers
    • charities

When is Probate needed:

This will depend on the value of the estate, the type of assets in the estate and how those assets are held (whether in the deceased’s sole name or in joint names with another person). If the amount of money held in banks, building societies etc. is over the probate threshold commonly between £5,000 – £50,000 then Probate is likely to be needed. This threshold can differ though with each financial institution, and they can still request a Grant of Probate/Letters of Administration before releasing the money even if the value is less. Probate will definitely be needed if the deceased owned a property in their sole name and likely, if they held stocks and shares in their sole name and they need to be sold or transferred to the beneficiaries.

What to do if Probate is needed and there is no Will:

Where Probate is needed and there is no Will, you need to obtain a “Grant of Letters of Administration” by applying to the Probate Registry. These are issued to the person who is entitled to inherit under the intestacy rules as explained above. They will then become the Administrator who is the person that is appointed by the Court to administer the estate of the deceased.

Can I deal with probate myself:

It is possible for you to deal with Probate yourself, but it can be stressful or overwhelming, and sometimes complicated. It also carries risk because as an Administrator you will be personally responsible for making sure the estate is dealt with correctly such as interpreting the rules of intestacy, reporting to HMRC, declaring the estate position to the Court, dealing with any unpaid debts or if the beneficiary does not receive the correct inheritance. To avoid any stress or risk to you, you can always instruct a firm of solicitors to deal with this on your behalf. My Probate Solicitors are here to help, and we will support you throughout the journey.

Importance of having a Will:

As can be seen above, the Rules of Intestacy can quite often be unfair, particularly to those who are not married or in a civil partnership. To ensure that your loved ones are taken care of when you are gone, it is very important to prepare a Will, so you can clearly set out your expresses wishes. Here at My Probate Solicitors, we have a Will drafting service where our experts can service your particular needs.

This note is not intended to give specific legal advice and is prepared by My Probate Legal Limited trading as My Probate Solicitors, a limited liability company registered in England and Wales under registration number 15337116. Registered office: Centurion House, 129 Deansgate, Manchester, M3 3WR. Authorised and regulated (under SRA number 8007072) by the Solicitors Regulation Authority.