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Intestacy Rules
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England and Wales

If the intestate dies leaving:

  1. Spouse or civil partner surviving 28 days, but no issue, parent(s), brother(s) or sister(s), nephew(s) or niece(s)
    Spouse or civil partner takes everything absolutely.

  2. Spouse or civil partner surviving 28 days and issue
    • Spouse or civil partner takes personal chattels (car, furniture, pictures, clothing, jewellery, etc). Plus £250,000 absolutely. Plus life interest (income only) in one-half of the residue.
    • Children (or if a child has predeceased, their issue equally at 18 or earlier marriage/civil partnership) take one-half of the residue on reaching age 18 or earlier marriage/civil partnership, equally if more than one. Plus one-half of the residue on death of spouse or civil partner.

  3. Spouse or civil partner surviving 28 days, no issue but parent(s) or brother(s) or sister(s) or issue of brother(s) or sister(s)
    • Spouse or civil partner takes personal chattels. Plus £450,000 absolutely. Plus one-half of the residue absolutely.
    • Parent(s), failing a parent then brothers and sisters (or if a brother or sister has predeceased, their issue equally at 18 or earlier marriage/civil partnership), take one-half of the residue, equally if more than one.

  4. No spouse or civil partner, or spouse or civil partner dying within 28 days
    Everything is taken by:

    Children; equally if more than one at 18 or earlier marriage/civil partnership, or if a child has predeceased, their issue equally at 18 or earlier marriage/civil partnership; but if none:
    Parents; equally if more than one; but if none:
    Brothers and sisters of the whole blood; equally if more than one at 18 or earlier marriage/civil partnership (or if a brother or sister has predeceased, their issue equally at 18 or earlier marriage/civil partnership); but if none:
    Brothers and sisters of the half blood; equally if more than one at 18 or earlier marriage/civil partnership (or if a half-brother or half-sister has predeceased, their issue equally at 18 or earlier marriage/civil partnership); but if none:
    Grandparents; equally if more than one, but if none:
    Uncles and aunts of the whole blood; equally if more than one at 18 or earlier marriage/civil partnership (or if an uncle or aunt has predeceased, their issue equally at 18 or earlier marriage/civil partnership); but if none:
    Uncles and aunts of the half blood; equally if more than one at 18 or earlier marriage/civil partnership (or if a half-uncle or half-aunt has predeceased, their issue equally at 18 or earlier marriage/civil partnership); but if none:
    The Crown.

Notes
  1. An adopted child is treated as the legitimate child of the adopter(s).
  2. A child legitimated takes any interest as if born legitimate.
  3. An illegitimate child takes any interest provided there is satisfactory proof of parentage.
  4. The property of a man or woman who is divorced or legally separated does not go to the ex-spouse or civil partner under the intestacy rules.
  5. All relatives above are described as blood relationships; therefore the wife of an uncle bearing the courtesy title aunt cannot take.
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