What happens when the deceased person died without leaving a will ?
To administer the Deceased’s estate an Administrator will need to be appointed, this will typically be the Deceased’s next of kin.
The Order of entitlement (eg. who inherits the estate) can be a complex matter, and therefore legal help should always be obtained. However the order of entitlement under the Intestacy Rules is as follows:-
Deceased died Married with children
Surviving Spouse receives first £250,000 and all personal possessions with the remaining estate divided into two:-
- Half to the children at 18 or earlier marriage, and
- Half in trust during spouse’s lifetime – he or she gets the income.
On spouse’s death this half goes to the children.
- If a child predeceases, leaving issue, his issue will take his share between them.
Deceased died Married but no children
If there are parents, brothers or sisters of the whole blood, nephew or nieces:-
- Spouse gets everything up to £450,000 & personal possessions.
Anything remaining is divided into two:-
- Half of this goes to spouse and Half to parents.
- If no parent is living then it goes to brothers or sisters or their children.
Deceased was not married person but had children
- Estate goes to children at 18 or earlier marriage.
- If a child predeceases, leaving issue, his or her issue
Deceased Unmarried and with no children
- Parents absolutely (and equally if both are alive), but if none, then
- Brothers and sisters of the whole blood (i.e. the children of the same parents as the deceased) on the statutory trusts, but if none then to
- Brothers and sisters of half blood, (i.e. those who share one parent with the deceased) on the statutory trusts, but if none then to
- Grandparents absolutely (and equally if both are alive), but if none, then to
- Uncles and aunts of the whole blood i.e. brothers and sisters of the whole blood of one of the parents of the deceased) on the statutory trusts, but if none then to
- Uncles and aunts of the half blood (i.e. those with one parent in common with one of the parents of the deceased) on the statutory trusts, but if none then to
- The Crown, Duchy of Lancaster or the Duke of Cornwall as “bona vacantia”
Need help with an intestate estate where there is no will?
Call our probate helpline on: 0844 7400948