Intestacy

The rules of intestacy determine how an estate is divided:

Married or Civil Partners

If the deceased died, leaving a surviving spouse or civil partner and no children, then the surviving spouse or civil partner is entitled to the whole net estate.

Unmarried partners or cohabitants have no automatic right to inherit.

Children and Direct Descendants

If the deceased left a surviving spouse or civil partner and children, then if the net estate does not exceed the fixed sum (£322,000 with effect from 26 July 2023, previously £270,000), the surviving spouse or civil partner is entitled to the whole estate.

If the net estate exceeds the fixed sum, the surviving spouse or civil partner is entitled to the personal chattels and the fixed net sum free of inheritance tax.

The surviving spouse or civil partner is also entitled to half of the remainder of the estate whilst the other half is held in statutory trust for the deceased’s children equally when they attain 18.

If there is no surviving spouse or civil partner, children inherit the estate equally.

Other Close Relatives

If there are no children, the estate may pass to parents, siblings, nieces, nephews, or more distant relatives, depending on who has survived the deceased.

The Crown

If no eligible relatives can be identified, the estate passes to the government under 'bona vacantia.' If the intestate died resident within the Duchy of Lancaster or the Duchy of Cornwall, the relevant Duchy is entitled.

Understanding these rules is crucial for families handling intestate estates. In many cases, individuals who expected to inherit may not be entitled under the law, which is why legal guidance is essential.

Dealing with an estate where there is no will—known as an Intestate estate—can be time-consuming and challenging, particularly in complex cases.

Our experienced team at Myerson Solicitors provides clear, practical guidance to help you navigate the process and ensure compliance with intestacy laws.

Whether you need assistance with estate administration, identifying rightful beneficiaries, or managing potential risks, we are here to support you every step of the way.

We can assist in situations where:

• A family home needs to be sold to divide assets among beneficiaries.
• Complex family relationships make it difficult to distribute the estate strictly according to intestacy rules.
• A deed of variation is required to redirect the distribution of the estate.
• A claim needs to be made on behalf of individuals not recognised under intestacy law, such as stepchildren or unmarried partners.
• The deceased was separated but not legally divorced, meaning their former spouse may still have a claim on the estate.

Additionally, acting as an estate administrator in an intestacy case can be particularly demanding.

Without a valid will to provide guidance, the administrator must ensure the estate is handled correctly, as they can be held personally liable for any financial losses caused by their conduct.

Our Services include:

• Estate Administration – Assisting personal representatives in distributing the estate in line with intestacy rules.
• Beneficiary Identification – Constructing the family tree to accurately determine who is entitled to inherit.
• Risk Management – Advising on potential claims and protective measures, such as insurance against claims from missing beneficiaries.