Intestacy Rules
Intestacy rules apply when a person passes away leaving no valid Will resulting in the estate passing under intestacy. Distributing an estate affected by intestacy means a certain set of rules apply.
When the intestacy rules apply to an estate it means that an estate must be distributed according to a set of rules applied by the government. For help understanding, altering or dealing with the intestacy rules call us. A simple Deed of Variation may be all that is required to distribute an estate in a different way to the rules set down by the intestacy rules.
Speak to an Advisor
Contact us now to speak to an advisor about our Probate Services
Download Our Brochure
For a full rundown of our services click here and download our brochure
Get a Quote for Probate
Submit your Probate Application online and we will send you a full quote for our services
What are intestacy rules?
Intestacy rules apply in the event of an intestate death. In other words, when a person dies and there is no will. The laws of intestacy govern what happens to the deceased estate, including who becomes the administrator and who the beneficiaries are.
If a spouse, partner or relative has died intestate, it is recommended that you seek legal advice immediately. The intestacy rules are complex and the probate process is not as straight-forward.
IWC are fully qualified probate practitioners offer a range of estate administration services Nationwide. We can take care of the probate process, you can be as involved as much or as little as you’d like.
Free advice & No-Obligation Appointments – To discuss any Intestacy Rules and Estate Administration, call us – open until 10pm 7 days a week.
Intestacy Specialists – We are specialists in Will Writing and intestacy, your work will be carried out by a full STEP member or Law degree qualified personnel.
Fixed fees & Nothing to pay in Advance – No upfront payment required as our low-cost, fixed fee can be paid from the estate later. We even offer a price promise, undercutting competitors by 10%.
Fully Insured and Regulated by the Society of Will Writers & Estate Planning Practitioners.
Letters of Administration and Intestacy Rules
Letters of Administration is the same process as Probate and applies when there is no Will
An estate is divided according to the Intestacy Rules when Letters of Administration is granted
A spouse does not necessarily the entire estate under the Rules of Intestacy
Badly worded Wills can mean an estate suffers from a Partial Intestacy situation
Do not rely on supposition when distributing an estate under the rules of intestacy, family trees should be checked.
Intestacy Rules and Probate Applications
When a person leaves a will, the probate process is a lot more straight-forward, the executor/s is named in the will and makes the application for probate. When the deceased has failed to name who they’d like to manage their affairs these rules apply. There is a hierarchy in place in which Governs who is legally entitled to apply for letters of administration to represent and manage the estate. This hierarchy is as follows:
The spouse or civil partner
Adult children or adult grand-children if they are deceased
Parents of the deceased
Siblings of the deceased, or their children if pre-deceased
Half brothers or sisters
The grand-parents of the deceased
Uncles or Aunts, or their adult children
Half-Uncles or Aunts, or their adult children
Note that common law spouses have no rights to apply. Children under the age of 18 must apply with a second person.
Intestacy Rules and Beneficiaries
The statutory intestacy rules also referred to the laws of intestacy will determine how the estate is distributed. This is not ideal and disputes can arise when relations will not benefit at all from the estate or when they feel the inheritance is an insufficient amount to provide for them. For example, the deceased’s spouse will inherit the first £322,000 of the estate and half of the remainder as a life interest (this was raised from £270,000 in July 2023). The other half will be inherited by the children of the deceased. Inheritance tax liability is far from optimal. In this situation, IHT at 40% would then have to be paid on everything above the nil rate band. There are ways to minimalise this, in some cases a deed of variation can be drawn up but only providing everyone affected agrees.
The probate process can be fraught with complications for administrators who become liable for mistakes and misinterpretations of the intestacy rules. Contact a professional for impartial advice.