Who inherits an estate if the deceased did not leave a will?

15 MAY 2025 11:55

Who will inherit an estate if the deceased did not leave a Will?

If a deceased did not leave a valid Will, then they are said to have ‘died intestate’. This means that the distribution of the deceased’s estate will follow the intestacy rules. Generally, under these rules, if there is a surviving spouse or civil partner and the value of the estate is under £322,000.00, the surviving spouse or civil partner will inherit the entire estate. However, if the estate is over this threshold and there are also surviving children and/or grandchildren, then the surviving spouse or civil partner will inherit the first £322,000.00 and the remainder of the estate will be divided so that 50% will go to the surviving spouse or civil partner and 50% will be divided equally between any surviving children. If any of the children have predeceased, then their own children (the deceased’s grandchildren) can inherit their share instead.

In cases where there is no surviving spouse or civil partner and no surviving children or grandchildren, the intestacy rules will look as to whether there are any other surviving relatives such as parents or siblings who can inherit in their place.

Those who are entitled to inherit under the rules of intestacy are also entitled to apply for Letters of Administration. This is the equivalent of a Grant of Probate but when there is no valid Will.

Due to the complexities involved when there is no valid Will, it is strongly recommended that you make a Will during your lifetime to ensure that your estate is distributed in accordance with your wishes.

Should you wish to make a Will for the first time or to update a current Will, please do not hesitate to contact our Wills & Probate department on 01554 755101.

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