IHTM12111 - Succession: Intestacy: Intestacy (E &W): Summary of the main rules of intestacy
If the deceased died without making a Will the whole of their estate will pass under the rules of intestacy.
If the deceased made a Will but the Will did not effectively dispose of all their estate this will be a partial intestacy (IHTM12128). The property that was not disposed of by the Will passes under the rules of intestacy.
The way in which an estate is distributed will depend on which of the deceased's relatives are still alive when they die.
Surviving spouse or civil partner
If the deceased was survived by a spouse or civil partner they will take:
- The chattels, a statutory legacy and a share of the residue (IHTM12121) - if there were any issue (children), parent, brother, sister or issue of brother or sister.
- All the estate passing by intestacy (IHTM12121) - if there were no issue (children), parent, brother, sister or issue of brother or sister.
The rest of the estate will be distributed to the issue or other relatives.
Issue
If there was no surviving spouse or civil partner but the deceased had children the estate would be distributed amongst them (IHTM12124).
Other relatives
If there was no surviving spouse or civil partner and no children the estate would be distributed amongst the deceased's other relatives (IHTM12125).
No relatives
If no living relatives can be found the estate will pass to the Crown as bona vacantia (IHTM12126).
