.png)
When a person dies without leaving a valid Will, they are said to die Intestate. If a person dies domiciled in the England and Wales, or leaves certain classes of property there, even though domiciled in another country, their assets will be distributed in accordance with the English Laws of Intestacy. These laws will also apply where a person does not deal with his entire estate by his Will, and a person is then said to die Partially Intestate. In this case, only the undisposed of assets will fall under the Laws of Intestacy. 
The main provisions of the Intestacy Laws are shown below, but further information may be obtained by send an e-mail to the address to your left
For deaths after 31st December 1995, a spouse must survive for a period of 28 days in order to take a benefit.
Spouse only with no issue, parents, or brothers or sisters of the whole blood (or their issue)
Spouse will take the entire estate absolutely
Spouse with issue
Spouse takes:
Issue take on statutory trusts:
Spouse, no issue but parents or brothers/sisters of whole blood or issue
Spouse takes:
Parent(s) or if none brothers/sisters of the whole blood on the statutory trusts take the remaining half share of residue
If there is no spouse or issue the order of entitlement is:
Failing any of the above the estate passes to the Crown, as bona vacantia, although application can be made for provision to a dependent person or one for whom the intestate may have been expected to provide
The surviving Spouse may elect:
Where the estate is stated to be held for issue on statutory trusts, it means that children take to the exclusion of remoter issue (their own children) unless that child predeceases the intestate when that child's issue will take their parent’s share. Such issue will become entitled to receive their entitlement upon reaching the age of 18 years.
Means children and remoter issue (lineal descendents - grandchildren, greatgrandchildren etc - but not spouses). Adopted children are treated as the children of the adoptive parents.
Legitimated children are treated as if they were born legitimate.
For deaths after 4th April 1988, the distribution of assets on intestacy is made without reference to whether a child is legitimate or not.
The effect of the Intestacy Rules can be inequitable and unfair, especially for surviving spouses. Surviving dependants may be entitled to seek more adequate provisions by making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 or by seeking a discretionary grant from the Crown if the estate passes to the Crown.
This is only a brief summary of the Intestacy Laws and expert legal advice should always be taken.
