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Ministry of Justice. Every effort has been made to insure the accuracy of the information
provided.
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Rules of Intestacy UK
If a person dies and does not leave a will, or the will is deemed invalid, the Rules of Intestacy will be used to dictate how solely owned assets will be distributed.
Married Couples and Civil Partners
If you are married and have no children when your spouse dies, intestacy rules dictate that you are legally entitled to the entire value of his or her estate.
This applies whether you are living together or are separated, and is only broken by the issue of a Decree Absolute.
If the deceased leaves behind any living parents, only £450,000 passes automatically to the remaining spouse. The balance of the estate is shared equally between the spouse and the remaining parents.
Where there are no living parents and no children, but the deceased leaves behind brothers or sisters, the remaining spouse is still entitled to the first £450,000. However, half of the balance is then paid to the remaining siblings.
Married Couples and Civil Partners with Children or Grand Children
If your spouse dies but leaves behind children or grandchildren, £250,000 of the estate will automatically transfer to the remaining spouse, along with all personal possessions.
Any balance of the estate will then be divided in half. One half payable to the spouse, the other to be shared by the children or grandchildren.
However under this legislation, the remaining spouse is only entitled to the interest on the balance they have been left. All capital in their half of the balance becomes the property of the children or grandchildren on the death of the remaining spouse.