What happens if there is no Will?

The rules which decide who can deal with a person’s estate and inherit from
it if they die without leaving a Will are called the ‘Intestacy Rules.’ These
rules are set out in legislation.

The order of entitlement depends on the value of the estate and which
family members survive the person.

If the estate exceeds £250,000 and the person is survived by both their
spouse and children, the estate will be divided between them in accordance with
legislation. If there are no children then the entire estate will pass to the
surviving spouse.

If the deceased is survived by both their spouse and children, the estate will be divided between them in accordance with legislation. If there are no children then the entire estate will pass to the surviving spouse.

If the deceased leaves neither spouse nor children, the order of inheritance will be as follows:

  1. Parents
  2. Siblings
  3. Half siblings
  4. Grandparents
  5. Uncles and Aunts
  6. Half Uncles and Aunts

If the deceased leaves no blood relations then the estate will pass to the
Crown. The Crown may make provision for anyone dependent on the deceased or
those the deceased might reasonably have been expected to make provision for.

Often the intestacy rules can leave an individual
confused and unsure how to handle the estate. It is therefore sensible to take
advice from experienced Will Solicitors
who have dealt with the intestacy rules previously.
Our Intestacy Solicitors are experts in this area.

Our Experts

Carla Brown

Partner, Solicitor and Head of Wills, Trusts & Probate

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Andy Kirby

Private Client Consultant

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Rebecca Suthers

Senior Associate & Chartered Legal Executive

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Nicola Hall

Associate Solicitor

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Marie Pethen

Associate & Private Client Executive

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Katy Sewell

Associate Solicitor

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Theresa Mills

Associate Solicitor

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Paul Naser

Consultant Solicitor

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Rose-Marie Stone

Paralegal

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Louise Sutton

Chartered Legal Executive

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Jo Tout

Associate & Probate Executive

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Diane Vincent

Chartered Legal Executive

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Samantha Barratt-Habgood

Secretary

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Corinne Bowerman-Watson

Wills, Trusts & Probate Assistant

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Jennifer Dinsdale

Paralegal

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Emma Fidler

Secretary

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Kim Houston

Secretary

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Samantha Laird

Personal Assistant

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Sally Shefford

Secretary

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Amanda Vanson

Secretary

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Julie White

Paralegal

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