Dying Intestate

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If a person dies without a Will he/she is said to have died “intestate”. All of an intestate person’s property and assets at the time of death (called ‘the estate’) will be divided  according to the Rules set out in the Distribution Act 1958 (as amended in 1997) (‘the Distribution Act’).

In summary if an intestate person has immediate family spouse, children or parents) alive when the intestate person passes then the estate is divided between them.

If the intestate person has no immediate family then the intestate person’s estate goes to more distant relatives.

If the intestate person has no relatives to inherit then the Government gets everything.

When the intestate person died was there a spouse, child or a parent? alive?

Yes
  1. Spouse gets 100% if there’s no children or parents
  2. Parents get 100% if there’s no spouse or children
  3. Children get 100% if there’s no spouse or children
  4. Spouse gets ½ & parents ½ if there’s no children
  5. Spouse gets 1/3 & children 2/3 if there’s no parents
  6. Children get 2/3 & parents get 1/3 if no spouse
  7. Spouse gets ¼, children ½ and parents ¼

No

  1. If the intestate person has siblings the estate goes to the intestate’s siblings (equally between them);
  2. If no siblings the estate goes to the intestate person’s grandparents;
  3. If no siblings or grandparents the estate goes to the intestate person’s uncles and aunts;
  4. Otherwise to the intestate’s grandparents;
  5. Otherwise to the intestate person’s grand uncles and aunts;
  6. Everything goes to the government if the intestate person has no relatives.