Intestacy
36. What, different rules, if any, apply to the intestate?
The applicable rules depend on whether there is a surviving spouse or civil partner and whether there are any surviving issue (that is, children, grandchildren and so on) (see below).
Minors entitled under intestacy inherit at the age of 18 (see below, Inheritance of minors).
Surviving spouse or civil partner with no issue
If the net estate does not exceed £200,000 (£450,000 if the death occurs on or after 1 February 2009), the surviving spouse or civil partner receives the entire estate.
If the net estate exceeds £200,000 (£450,000 if the death occurs on or after 1 February 2009), the surviving spouse or civil partner receives:
- Personal chattels.
- £200,000 (or £450,000, as appropriate).
- Half of the remainder. The other half of the remainder passes to the surviving parents. If no parents survive the other half passes to:
- full siblings;
- the issue of any full siblings (if the full siblings predeceased the intestate).
Surviving spouse or civil partner with issue
If the net estate does not exceed £125,000 (or £250,000 if the death occurs on or after 1 February 2009), the surviving spouse or civil partner receives the entire estate.
If the net estate exceeds £125,000 (or £250,000 where the death occurs on or after 1 February 2009), the surviving spouse or civil partner receives:
- Personal chattels.
- £125,000 (or £250,000, as appropriate).
- A life interest in half of the remainder (which reverts to the children on the death of the spouse or civil partner). The other half of the remainder passes to the children, either outright if adults or on "statutory trusts" if minors.
Surviving spouse or civil partner with no issue, parents or full siblings or their issue
Irrespective of the net value of the estate, the surviving spouse or civil partner receives the entire estate.
No surviving spouse or civil partner but issue
The intestate's children who reach 18 years (or marry or enter into a civil partnership under that age) take in equal shares.
The issue of predeceased children receive the share to which their parent would have been entitled.
Other circumstances
The Administration of Estates Act 1925 provides the rules where more remote relatives survive, or none at all.
Inheritance of minors
The "statutory trusts" provide that minors entitled under intestacy only inherit at the age of 18 unless they marry or enter into a civil partnership under that age. Until then, their share of the estate is held on trust (the income being used for their maintenance, education or benefit).
Any surplus income is accumulated and paid out when the minor reaches 18 years, or marries or enters into a civil partnership under that age.