New Forest

22/09/2019

Understanding intestacy rules

In the absence of a Will, intestacy rules apply.

In England and Wales, the rule states that where there are surviving children, grandchildren or great-grandchildren of the deceased, the surviving spouse or civil partner will inherit a fixed sum of £250,000 together with personal chattels and half the remaining estate, proving the estate is valued at more than £250,000. Where there are no surviving children, the spouse or civil partner will inherit the estate.

The intestacy rules are firm when it comes to who should benefit from the estate of an intestate person and who should not. Those that benefit are a spouse or civil partner, children or grandchildren, parents, brothers and sisters, grandparents, and uncles and aunts. Not included are cohabitants or unmarried partners, ex-spouses or civil partners and step-parents or step-children.

For further information on Intestacy Rules, please contact Matthew Magee on 023 8046 1207.

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