Intestacy

If you die without making a will then you are said to have died 'intestate' and your property and possessions (your 'estate') will be distributed according to Government Intestacy Rules.

If you are married or in a civil partnership and your estate is worth £125,000 or less then all of your property and possession will pass to your husband, wife or civil partner.

If you are married or in a civil partnership and your estate is worth over £125,000 your husband, wife or civil partner will receive:

• your personal items
• £125,000 free of tax (£200,000 free of tax if there are no children)
• a life interest in half of the rest of your estate

The remainder of the estate will be distributed in this order:-

• your children or if your children do not survive you their children (in equal shares if there is more than one)
• if there are no children or grandchildren your father and mother (in equal shares if they both survive you)
• if you are not survived by your children, grandchildren or parents then to your brothers and sisters (provided that they shared both of your parents) in equal shares (or their children if your brother/sister died before you)
• if you are not survived by any of the above then your spouse or civil partner will inherit the whole estate.

If there is no surviving spouse or civil partner then your estate will be distributed in this order:

• to your children or if your children do not survive you then to their children (in equal shares if there is more than one)
• if you are not survived by any children or grandchildren then to your father and mother (in equal shares if they both survive you)
• if there are no surviving children, grandchildren or parents then to your brothers and sisters (provided that they shared both of your parents) in equal shares (or their children if your brother/sister died before you)
• If there are no brothers and sisters then to your half brothers or sisters (or to their children if they died while you were still alive)
• If none of the above survive then to your grandparents (in equal shares)
• If there are no surviving grandparents then to your aunts and uncles (or to their children if they died while you were alive)
• If there are none of the above, then to your half uncles and half aunts (or their children if they died while you were still alive)
• If none of the above family survive you your estate will pass to the Crown.