The Rules of Intestacy

The-Rules-of-Intestacy

Without making a Will the Government decides who inherits your estate in the following order.

Should a category exist then there will be equal shares of the full estate in that category unless you have a spouse or partner.

Without children the spouse or civil partner receives the whole estate. If there are children then your spouse or civil partner receives all of your personal possessions, the first £250,000 of your estate and half of whatever is left if you have children.

The order of intestacy is as follows:

  1. Spouse or civil partner
  2. Children , grandchildren, great grandchildren
  3. Parents
  4. Brother or sisters or their children
  5. Half brothers or sisters or their children
  6. Grandparents
  7. Uncles or Aunts or their children
  8. Half Uncles or Aunts or their children
  9. The crown or Duchy of Cornwall or Lancaster

The rules are very strict and do not take into consideration your personal circumstances or your wishes. No matter what you would like, the rules give control of your estate to those who immediately benefit from your estate and that can include people you don’t want to give anything to.

By making a properly drafted Will you can make sure that your wishes are carried out.