Intestacy Rules: No spouse, no children, no parents, no Will
No Spouse, No Children, No Parents, No Will. So Who Does the Estate Pass to? - Our inheritance dispute team look at the intestacy rules in operation.
What happens when someone dies without a will leaving no spouse, children or parents? This is a question we have been asked many times recently on our Free Inheritance Helpline, possibly because there appears to be some confusion among commentators on the internet, with the answer changing according to which web site you visit!
The intestacy rules are the regulations which apply when a person dies without a Will. These rules provide a specific order of people who will inherit the estate, based upon their relationship to the deceased.
For a full list of the rules in the various scenarios which can arise on an intestate person’s death (i.e. depending upon which members of the family survive the deceased) see our sister site:- www.inheritancedisputes.co.uk
No Spouse, No Children, No Parents, No Will- So Who Does the Estate Pass to?
In these circumstances, if the deceased left siblings then those siblings will inherit the estate in equal shares so long as they were related to the deceased by blood (i.e. not step-siblings nor half-siblings who are related via the blood of another parent).
What if a Sibling has Pre-Deceased?
If one of the siblings died before the deceased then the destination of their share depends upon whether they left any children of their own.
If they left children then that sibling’s share will pass equally to their children (if any of those children had predeceased, leaving children, then those children receive their parent’s share equally). This onward chain of children of predeceased relatives benefitting is often referred to using the Latin legal term of “per stirpes”.
If a sibling left no children then their share passes equally between the siblings that have survived the deceased.
A common example which has arisen in recent enquiries to our Inheritance Helpline is as follows:-
Deceased (D) dies leaving no spouse, no children and no surviving parents. He leaves 2 siblings who survived him (A and B) and had one other sibling who pre-deceased him (C). However C left behind children of his own who have survived D, in this example we will say C left two children (E and F).
Question:- Does the estate pass to A and B only (in 2 equal shares) or does some of it pass to E and F?
Answer:- The estate will be divided in 3 equal shares, 1/3 will go to A, 1/3 will go to B and the remaining 1/3 (what would have been C’s share) will be split equally between E and F (i.e. E and F will receive 1/6 each).
Please note that this article relates to the law as it was in August 2013. Please refer to us for an up to date appraisal of the current legal position on intestacy by calling 0808 139 1596