Intestacy & Dying without a Will
Wills and Probate Service are here to help you understand what is meant by intestacy and what needs to be done when someone dies without a Will.
When someone dies without leaving a valid Will, this creates a legal situation called ‘intestacy’ (basically the law decides who gets what and when). This situation can present a number of problems and potential pitfalls for the person responsible for sorting out the affairs of the deceased. It is important the deceased’s money and property are dealt with according to the intestacy law, otherwise the person dealing with this can find themselves rectifying any errors out of their own pocket.
To guide you through this potential minefield, we invite you to make use of our free initial advice service by telephoning our helpline on 0800 612 9150, or by completing our on-line enquiry form. One of our specialist advisers will help you understand what needs to be taken care of and explain the options that are open to you.
There are important legal steps to follow after a person dies intestate. The person(s) responsible for dealing with the deceased’s affairs (commonly referred to as the ‘estate’) is called the ‘Personal Representative’. This person is usually the closest relative of the deceased, chosen in this order:
It is common to appoint a professional probate practitioner, such as Wills and Probate Service, to deal with the estate - particularly if the closest living relative is not familiar with dealing with complex financial matters such as Inheritance Tax.
Dealing with the estate
The personal representative is required to carry out certain legal duties and responsibilities when dealing with the deceased’s estate, including:- Pay for the deceased’s funeral;
- Obtain the Grant of Representation from the Probate Registry;
- Value the estate;
- Complete Inland Revenue tax returns;
- Calculate and pay any tax due;
- Pay the deceased’s debts;
- Prepare estate accounts;
- Distribute the estate in accordance with the intestacy rules.
Wills and Probate Service can deal with all of the above duties in a professional and efficient manner. Please contact our helpline on 0800 612 9150 for further information.
Distribution of the estate – Intestacy
When all the assets have been gathered in and all the expenses, debts and taxes paid, the personal representative must distribute what is left to the beneficiaries in accordance with the laws of intestacy. If the intestacy rules are not exactly followed, the personal representative will be liable out of his/her pocket for any errors.
Who gets what?
| Deceased dies leaving: | Estate goes to: |
| A husband/wife and children | 1. If net estate NOT more than £250,000 All to husband/wife if he/she survives the deceased by 28 days. 2. If net estate over £250,000 – The first £250,000 plus personal possessions to husband/wife. Half of the rest is shared amongst the children. The husband/wife also has the right to the interest only on the other half during his/her lifetime, then after his/her death to the children in equal shares. |
| A husband/wife (but no children) AND either parents or brothers/sisters of the whole blood | 1. If net estate NOT more than £450,000 – All to husband/wife if he/she survives the deceased by 28 days. 2. If net estate more than £450,000 – If he/she survives the deceased by 28 days - £450,000 plus personal possessions to the husband/wife, plus half of the rest. The other half to the deceased’s parents in equal shares; if no parents then to brothers and sisters of the whole blood in equal shares. |
| A husband/wife but no children, parents or brothers or sisters | All to husband/wife if he/she survives the deceased by 28 days. |
| Children but no husband/wife | All to children in equal shares on reaching 18 |
| Neither husband/wife nor children | All to parents in equal shares |
| No husband/wife, children, or parents | All to Brothers and sisters of the whole blood in equal shares. If the brother(s) or sister(s) have died, their children are entitled to take their parents share i.e. the nieces and nephews of the deceased would inherit. |
| No husband/wife, children, parents, or brothers or sisters (or
nieces and nephews) |
All to Grandparents in equal shares |
| No husband/wife, children, parents, brothers or sisters or grandparents | All to Uncles and Aunts of the whole blood in equal shares. If the uncle(s) or aunts have already died, their children are entitled to inherit their parents share i.e. the cousins of the deceased would inherit. |
| No husband/wife or blood relatives | All of the estate goes to the Crown |
Important note - “Common Law” partners are not entitled to anything under the intestacy rules.
Intestacy Help and Support
If the above sounds daunting, there is help at hand. Wills and Probate Service offer an expert estate administration service and can lift the burden from your shoulders and relieve you from issues of personal liability.
Please contact our FREE helpline on 0800 612 9150 for free initial advice and support. One of expert advisers will explain your options and answer your questions, without obligation.
