The intestacy rules are statutory rules which determine who is entitled to an individual’s property if that individual (“the deceased”) dies ‘intestate’, meaning:
- Without having a valid Will in place (known as total intestacy); or
- Without having disposed of their entire estate by Will (known as partial intestacy).
- Below is a table setting out the order of entitlement to the “estate” (what remains after the deceased’s funeral costs, estate administration expenses and any debts and inheritance tax have all been paid) under the intestacy rules (for deaths after 1 February 2009).
Click here to view the table.
What can we offer?
- The intestacy rules are inflexible and do not take individual circumstances into account. They impose constraints which could result in your loved ones receiving less than you intend after your death and/or your children inheriting significant sums of money at an early age (18). They may also result in your estate unnecessarily paying more inheritance tax. These issues were most recently demonstrated in the case of Wright v Gater.
- You can avoid these problems by making a Will.