The Intestacy Rules

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). Individual dies intestate leaving a surviving spouse or civil partner and...

Person(s) entitled to the estate

Person(s) entitled to a Grant of Representation1

...children and an estate of less than £250,000

Spouse/civil partner receives everything

Spouse/civil partner

...children and an estate of more than £250,000

Spouse/civil partner receives all personal possessions, £250,000 and a "life interest"2 in one half of the remainder of the estate (with this half then passing to the children on the spouse's death, or at age 18 if later). The children receive the remaining half of the estate in equal shares at age 18.

Spouse/civil partner then any adult children of the deceased

...no children and an estate of less than £450,000

Spouse/civil partner receives...