If an individual dies in your jurisdiction without leaving valid instructions for the disposition of the estate, to whom does the estate pass and in what shares?
The rules of succession on intestacy are set out in Part IV of the Administration of Estates Act 1925. In each case, minors inherit at the age of 18 and, until they reach that age, or marry or enter into a civil partnership earlier, their share is held on statutory trusts under which the income is either used for their maintenance, education or benefit, or is accumulated.
Intestates leaving a surviving spouse or civil partner
Since 1 October 2014, if an individual dies leaving a surviving spouse or civil partner but no issue (broadly, children or grandchildren, etc), the entire residuary estate passes to the surviving spouse or civil partner.
If the same individual leaves issue, the surviving spouse or civil partner takes the deceased’s personal chattels, a fixed statutory sum of (currently) £270,000 plus interest from the date of death and half of the residuary estate of the deceased absolutely. The issue receives the other half of the estate on statutory trusts. The issue inherits on a per stirpital basis, a grandchild taking only if their parent has predeceased the intestate, for example.
If the same individual died before 1 October 2014, leaving a spouse or civil partner but no issue, and was survived by one or more of his or her parents, full siblings or issue of such siblings, the spouse or civil partner would have received the personal chattels, a fixed statutory sum of £450,000 and half of the residuary estate absolutely. The other half passed to the parents of the deceased absolutely, or in equal shares if one or both survived. If the parents had died, the other half passed to the full siblings of the deceased.
Intestates leaving no surviving spouse or civil partner
If a deceased leaves children or other issue but no surviving spouse or civil partner, his or her issue take his or her residuary estate in equal shares at age 18.
If the same individual leaves no issue but is survived by one or both of his or her parents, the parents take the residuary estate either alone or in equal shares absolutely.
If the same individual leaves no issue or parent, then his or her residuary estate passes to the following people in order of priority:
- full siblings and, if none, then;
- half siblings and, if none, then;
- grandparents and, if none, then;
- uncles and aunts (being full siblings of a parent of the deceased) and, if none, then;
- uncles and aunts (being half siblings of a parent of the deceased) and, if none, then;
- bona vacantia, to the Crown, the Duchy of Lancaster or the Duchy of Cornwall.
England & Wales Guide
The England & Wales guide answers the principal questions for Private Clients relating to the law in this jurisdiction.
