IHTM12101 - Intestacy: background

Intestacy arises where a deceased does not effectively dispose of his property by Will (IHTM12041)

There is either

  • a total intestacy where none of the estate is disposed of, or
  • a partial intestacy where part of the estate is not disposed of.

Legal rules (IHTM12111) exist for distribution on intestacy. The rules in England & Wales differ from those in Scotland (IHTM12142) and Northern Ireland (IHTM12162)