The Laws of Intestacy (England & Wales)
Please note that the following is for general information purposes only and should not be relied upon when distributing an intestate estate. Palmers Solicitors cannot be held responsible for an incorrect distribution based on the use of this information.
The rules which govern intestacy are complex and an administrator can be sued personally for an incorrect distribution. We strongly recommend that legal advice is sought before an estate is distributed
Please answer each Yes or No question by clicking on it.
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Are you married / in a Registered Civil Partnership?
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Yes
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No
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Spouse / Civil Partner gets everything
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No
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Is your net estate worth more than £250,000 excluding personal chattels?
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Do you have a Child or Children?
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Yes
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Shared between them equally
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Yes
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No
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Spouse/Civil Partner gets £250,000 plus personal chattels, plus half of the remainder. The balance goes to Children
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Yes
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Do you have a Child or Children?
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Do you have a Parent or Parents still alive?
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Yes
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Shared between them equally
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No
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No
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Spouse/Civil Partner gets first £450,000 plus personal chattels, plus half the balance absolutely. The other half of the balance goes to the Parent or Parents absolutely
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Yes
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Do you have a Parent or Parents still alive?
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Do you have brothers and sisters?*
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Yes
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Shared equally among them**
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No
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No
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Spouse/Civil Partner gets first £450,000 plus personal chattels, plus half the balance absolutely. The other half of the balance is shared equally among Brothers and Sisters
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Yes
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Do you have Brothers and Sisters?
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Do you have a Grandparent or Grandparents
still alive? |
Yes
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Shared equally among them
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No
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No
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Everything goes to Spouse/Civil Partner
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Do you have Aunts and Uncles†
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Yes
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Shared equally among them††
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No
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Everything goes to the Crown. This means that a Government department known as the ‘BONA VACANTIA’ department takes it
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*Note that half-brothers and sisters do not rank equally with whole blood siblings
**The children of any deceased brother and sister will take their share
†Note that half-Aunts and Uncles do not rank equally with whole blood Aunts and Uncles)
††The children of any deceased Aunt or Uncle will take their share
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