Intestate estates

When a person dies without leaving a will the law dictates who benefits from their estate.

When a person dies without leaving a will the law dictates who benefits from their estate.

The intestacy rules vary from jurisdiction to jurisdiction but in England & Wales the order of entitlement is as follows (footnote):

1. Spouse or civil partner
2. Issue
3. Parent
4. Siblings of the whole blood and, where predeceased, their issue (per stirpes)
5. Siblings of the half blood and, where predeceased, their issue (per stirpes)
6. Grandparents (per capita)
7. Uncles and aunts of the whole blood and, where predeceased, their issue (per stirpes)
8. Uncles and aunts of the half blood and, where predeceased, their issue (per stirpes)

Footnote: This is a simplified explanation of the intestacy rules of England & Wales. Full details can be found on the HM Revenue & Customs website.

Depending on the size of the estate the spouse or civil partner may have to share the estate with issue, parents or siblings (or nephews and nieces).

Each class of kin must be considered in turn and in the event that there is no one in any of the classes of kin detailed above, the estate passes to the Crown.

In most cases of intestacy the identity and whereabouts of the statutory next of kin is known. However, where some or all of them are not known, it may be necessary to employ a probate genealogist to identify and locate them.