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What are Intestacy Rules?



Probate law book

Intestacy rules state that if you are married or in a civil partnership and your estate is less than £322 000 then your spouse or civil partner will receive the whole estate. If your estate is worth more than £322 000 then your spouse or civil partner all of your personal possessions, the first £322,000 and 50% of any excess over and above the £322 000. The remaining 50% excess would be divided equally between any children you have. If you do not have any children the whole estate would be inherited by your spouse or civil partner.

 

If you are not married or in a civil partnership then your estate will be divided in equal shares between family members ranked in the following categories:

 

  1. Your Children including illegitimate and adopted children but does not include step-children

  2. Their descendants if your children have passed before you

  3. Your Parents

  4. Your Siblings

  5. Their descendants if your siblings have passed before you.

  6. Your Grandparents

  7. Your Aunts and Uncles

 

If any relatives are found in one of the categories then the whole estate will be divided among the members of that category whether there is 1 member or 100 members. Once a member is found in one category then no one from any of the lower categories will receive any inheritance.

 

If no relatives are found in any of the categories then the whole estate will pass to the Crown.


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