Changes to the Intestacy Rules

The intestacy rules regulating the distribution of the estate of someone who dies without a Will have recently changed.

The practical effect of the intestacy rules is not always fair. If you have lost out as a consequence of these rules and would like to know where you stand on pursuing an inheritance claim then contact our free legal helpline for guidance.

If someone 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.

Call us on 0333 888 0407 for FREE initial case assessment or send brief details to us by email at [email protected]

Changes to the Intestacy Rules

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