Intestacy Rules
In the United Kingdom, the intestacy rules govern the distribution of a person's estate if they die without a valid will. A brief summary of the key points:
1. Spouse or civil partner: If the deceased is survived by a spouse or civil partner and has no children, the entire estate passes to the surviving spouse or civil partner.
2. Spouse or civil partner and children: If the deceased is survived by a spouse or civil partner and children, the surviving spouse or civil partner receives the following:
- Personal possessions
- The first £322,000 of the estate
- Half of the remaining estate
The remaining half of the estate is divided equally among the children.
3. Children but no spouse or civil partner: If the deceased is not survived by a spouse or civil partner but has children, the entire estate is divided equally among the children.
4. Parents: If the deceased is not survived by a spouse, civil partner, or children, the estate passes to their parents, or to the surviving parent if one parent has already died.
5. Siblings: If the deceased is not survived by any of the above, the estate passes to their siblings or their descendants (nieces and nephews).
6. Relatives: If there are no surviving relatives within the degrees of kinship specified by the intestacy rules, the estate passes to the Crown (the government).
It's important to note that these rules can be complex, and specific circumstances may affect the distribution of the estate. It is also important to note that there is no consideration of unmarried or non civil partners, “common law myth”.
The intestacy rules may not align with your wishes, taking the time to create a will ensures that your assets are distributed according to your preferences and can help avoid potential disputes among family members, call us today to arrange an appointment to discuss your will.
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