Intestacy disputes

Challenging the intestacy rules

‘Am I able to challenge the intestacy rules?’ Intestacy dispute solicitor Jack Dray looks at your options.

What are the intestacy rules?

When someone dies without leaving a valid Will, they are deemed to have died ‘intestate’ and their estate will be divided in accordance with the ‘intestacy rules’. These rules specify the order in which the estate will be distributed. That order is currently (as at June 2024) as follows:

• Where there is a spouse/civil partner
  1. If the estate is worth less than £250,000, the spouse will receive everything.
  2. If the estate is worth more than £250,000, the spouse will inherit the first £250,000 and personal possessions, with the remainder of the estate being passed to any children.

• Where there are children
  1. Children will receive a share of the estate if it is worth over £250,000 and there is a surviving spouse, as detailed above.
  2. If there is no surviving spouse, the children will receive equal shares of the estate.
  3. ‘Children’ includes all children from the deceased’s relationships and any adopted children they may have.

• Grandchildren/ Great Grandchildren
  1. Where a child of the deceased who would have inherited under the intestacy rules, has died before the deceased, their share will be passed to their child (the deceased’s grandchild).

• Any other relatives
  1. If, after all this, there are still no immediate family members that the estate can be passed to, the intestacy rules look to wider family members, again in a specific order. This order being:
     1. Any surviving parents
     2. Siblings of the deceased
     3. Half-siblings
     4. Grandparents
     5. Aunts or uncles
     6. Half-aunts or uncles

• If the deceased does not have any of the above-mentioned relatives, the estate will pass to the Crown.

Making an Inheritance Act claim

If someone does not benefit under the intestacy rules (or believes the intestacy rules make insufficient provision for them) then they may be able to bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

A claim under the Inheritance Act can be made by those who do not stand to benefit under the intestacy rules (such as a ‘common law’ spouse, a step-child or anyone who was financially dependent on the deceased) as well as those who do benefit under the rules.

It is important to bear in mind that claims under the Inheritance Act must be brought within six months from the date of probate being granted.

Varying the intestacy rules

Another option, if an intestacy dispute arises, is to vary the intestacy rules. If the beneficiaries agree to a different division of the estate, then they can enter into a deed of variation to vary the way the estate is divided under the intestacy rules. A deed of variation must be executed within two years of the death.

How we can help with an intestacy dispute

If you are involved in an intestacy dispute then you can contact our helpline for a free case assessment and details of No Win, No Fee funding.

Contact us now on 0333 888 0407 or email us at [email protected]