Intestacy Flowchart

 

 

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Are you married or in a Civil Partnership? (*)
YES
NO
Your estate is shared equally between your children (or their issue)
Do you have children? (**)
Do you have children? (**)
Your spouse inherits everything
YES
NO
Your estate is shared equally between them
Is one or both of your parents still alive?
Is your personal estate worth less than £250k
Your spouse inherits everything
YES
YES
YES
Your estate is shared equally between your siblings (or their issue)
Do you have brothers or sisters? (**)
Your spouse inherits the first £250k plus the personal chattels plus half the remainder. The remaining half is devided equally between your children (or their issue)
NO
Your estate is shared equally between them
Are your grandparents still alive?
NO
NO
NO
YES
YES
Do you have aunts or uncles? (**)
Your estate is shared equally between aunts and uncles (or their issue)
Your partner inherits nothing and the crown takes all
NO
NO
YES
(*) The spouse will benefit if he/she survives the intestate by 28 days, otherwise the estate will be dealt with as if there had been no spouse.
(**) Members of younger generations are also entitled to inherit their parent's share if the parent have already died (per stirpes).
"Personal Chattels" is defined by law and generally speaking means cars, jewellery etc. It does not include (amongst other things) houses, land and bank accounts.
"Issue" means children, including illegitimate and adopted children but not step-children (unless legally adopted), grandchildren, great grandchildren etc.
The summary does not include rules for half-blood relationships, although intestacy rules do cover them.