The rules vary depending on the jurisdiction, but here’s an overview of how they work in England and Wales:

Who Inherits Under Intestacy Rules?

1. Spouse or Civil Partner

If there are no children: the spouse/civil partner inherits everything.

If there are children:

(a) The spouse/civil partner gets the first £322,000 (as of 2023), all personal possessions, and half of the remaining estate; and

(b) The other half of the remaining estate is split equally among the children.

2. Children (including adopted children but not stepchildren)

If there’s no spouse/civil partner, the entire estate is shared equally among the children. If a child has died before the deceased, their share passes to their children (grandchildren).

3. Parents

If there is no spouse, civil partner, or children, the estate passes to the parents.

4. Siblings (or their children if deceased)

If there are no parents, the estate passes to siblings (or nieces/nephews if the sibling is deceased).

5. Half-siblings

If there are no full siblings, half-siblings inherit next.

6. Grandparents

If no half-siblings, the estate goes to surviving grandparents.

7. Aunts and Uncles (or their children if deceased)

If no grandparents, the estate passes to aunts and uncles (or cousins if they have died).

8. Half Aunts and Uncles (or their children if deceased)

If no full aunts and uncles, the estate goes to half-blood relatives in this category.

9. The Crown (Bona Vacantia)

If no surviving relatives, the estate goes to the Crown (government).

Who Doesn’t Inherit Under Intestacy?

• Unmarried partners (even if they were cohabiting)

• Stepchildren (unless legally adopted)

• Friends

• Charities

Why Is a Will Important?

• Ensures assets go to the right people.

• Protects unmarried partners and stepchildren.

• Reduces delays and legal issues for loved ones.

• Allows for tax planning and charitable donations.

If you need a Will doing for the first time or if you want me to check your current Will for any issues (like a Will MOT, I guess) then feel free to get in touch. The vast majority of my Wills are dealt with under the Cancer Research UK Will Writing Scheme at no cost to my clients.

Nick @ ST10 LAW

nick@st10law.co.uk

01538 703101/ 07814 170959