Intestacy Law: Who Gets What When There's No Will
The laws of intestacy dictate how someone’s estate (money, property, possessions) are distributed if they die without a valid will. Here’s a simplified breakdown:
Married/Civil Partner & Children: The spouse/partner inherits everything if there are no children. If there are children, the spouse/partner gets a portion and the rest is split among the children.
No Spouse/Partner & Children: The entire estate goes to the children (including adopted children, but not step-children). If any child has predeceased the deceased, their share is divided among their children (grandchildren of the deceased).
No Spouse/Partner & No Children: Then it goes to the deceased’s parents in equal shares (if both survive) or the surviving parent.
No Spouse/Partner, Children, or Parents: The estate goes to siblings (full-blooded first, then half-blooded). If any sibling is deceased, their share is divided among their children (nieces & nephews of the deceased).
No Close Relatives: The estate goes to more distant relatives or becomes unclaimed property by the government.
Important Points:
- Unmarried partners don’t automatically inherit under intestacy. They may need to make a claim or the family can agree on a different distribution.
- The laws apply slightly differently in Scotland and Northern Ireland.