The K-Zone: Intestacy

If a person dies without making a valid will, then his estate is divided up according to the rules of `intestate succession', once any debts have been settled. These rules are rather complex, but here is a summary.

If the deceased was married at the time of death, and there are children of the marriage

All chattels go to the spouse absolutely, as does the remainder of the estate up to £125,000. The estate in excess of this amount is distributed as follows. The spouse receives a half for life; the children take the other half (on trust if they are minors). The children also have the right to receive the spouse's half when the spouse dies.

If the deceased was married at the time of death, and there are no surviving children

All chattels go to the spouse absolutely, as does the remainder of the estate up to £200,000. The estate in excess of this amount is distributed as follows. The spouse receives half absolutely. The other half goes to the parents of the deceased, if either or both are alive. If there are no surviving parents, then this half goes to the deceased's brothers and sisters if they are alive, or to their children, if any, if any brother or sister have since died.

If the deceased has no surviving parents, brother, sisters, or children of brothers or sisters, then the whole estate goes to the spouse.

If the deceased was unmarried

The whole estate goes as follows, in order of precedence. Note that all only one of these classes will inherit. That is, if there is only one child of the deceased, but fifty other people who would qualify if there were no children, that one child inherits everything.