Distribution under the intestacy rules will depend on the Deceased’s family circumstances, primarily whether the individual is married or in a civil partnership and whether they are survived by biological or adopted children. Should neither of these categories apply, the intestacy rules look to benefit the Deceased’s wider blood relatives.
Where the Deceased is survived by a spouse or civil partner who outlives the Deceased by more than 28 days, the entire estate will pass to the surviving spouse/civil partner providing the Deceased had no children.
If the Deceased has one child or more, the surviving spouse/civil partner will receive:
- the Deceased’s personal chattels (e.g. their jewellery, watches and household possessions);
- a statutory legacy; and
- half of the residuary estate.
The remaining half of the residuary estate is distributed to or, if minors, held on statutory trusts for the Deceased’s children until they turn 18 and in equal shares if more than one.