Who will inherit an Estate if there is no Will in place?
6 November 2019 by Lauren Hancock
When someone dies without leaving a legally valid Will, they are said to have died “intestate”. As a result their Estate will pass to those named under the “intestacy rules”. These rules set out an order of priority as to who will inherit the deceased’s (D’s) Estate.
For married couples or those in a civil partnership, their spouse will inherit the first £250,000 of D’s estate. Any remaining assets will be divided between D’s spouse and his children or grandchildren.
If D died leaving a spouse but no children, grandchildren or great grandchildren, his surviving spouse will inherit the entirety of the Estate.
As mentioned above, if D passes away leaving a spouse and children surviving, his children will inherit half of any assets exceeding the £250,000 threshold.
In the event that D dies leaving children but no surviving spouse or civil partner, his children will inherit his entire estate.
Order of priority
If D passes away leaving no surviving spouse, children, grandchildren or great grandchildren, the following order of priority applies when establishing who will inherit from the Estate:
- Full siblings
- Half siblings
- Full Aunts and Uncles
- Half Aunts and Uncles
What if there are no surviving relatives?
Where D passes away leaving no surviving relatives, his Estate will pass to the crown. When an Estate passes in this way, this is known as “Bona Vacantia”.
If you require any assistance in dealing with an Estate, please feel free to call us on 01206 700113 or email [email protected]
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