Changes to the Intestacy Rules

The Intestacy Rules that regulate the distribution of the estate of a deceased person who dies without a Will have recently changed.

If a person dies intestate after 26 July 2023 leaving a surviving spouse (or civil partner) and children the Intestacy Rules provide that the surviving spouse/civil partner will be entitled to a £322,000 statutory legacy (previously £270,000), the deceased’s personal possessions and half of the residue of the estate.

The other half of the residue will be shared between the children.

If the deceased leaves only a spouse (or civil partner) then under the Intestacy Rules they will be entitled to the whole estate.

If a person dies intestate and is unmarried and has no children then the Intestacy Rules provide that any surviving relatives will inherit in the following order:-

  • Parents
  • Brothers or sisters or their children
  • Half brother or sisters or their children
  • Grandparents
  • Uncles or aunts or their children
  • Half uncles and aunts or their children
  • If none of the above then the whole estate will go to the Crown.

The Intestacy Rules can be contested by making a claim under the Inheritance Act. If you want to contest the intestacy provisions applying to the estate of a loved one who has passed away then please contact us for a free case review and details of No Win, No Fee funding.

Changes to the Intestacy Rules

Leave a Reply