I am often asked what happens to a Deceased’s estate if they die without making a Will. This is called dying ‘intestate’.
The order of inheritance of an estate where the deceased has died intestate is as follows:
1. Spouse;
2. Children or if they are deceased, their issue;
3. Parents;
4. Brothers and sisters of the ‘whole blood’ (that is full siblings who share both a mother and a father) or, if deceased, their children (such children will divide their deceased parent’s share between them);
5. Brothers and sisters of the ‘half-blood’ (having one parent in common with the deceased) or, if deceased, their children;
6. Grandparents;
7. Uncles and aunts of the ‘whole blood’ or, if deceased, their children;
8. Uncles and aunts of the ‘half-blood’ or, if deceased, their children;
9. If there is none of the above, then the estate goes to the Crown, that is HM Treasury.
Details about making a claim under the Inheritance Act upon intestacy can be found here.
© By Punam Denley, June 2012
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