IHTM12121 - Distribution under intestacy (E & W): surviving spouse or civil partner
The surviving spouse or civil partner’s ( IHTM11032) entitlement under an intestacy depends on what other surviving relatives the deceased had at the time of death. The following table sets out the distribution rules if the deceased dies leaving a surviving spouse or civil partner
| If the deceased dies leaving a surviving spouse or civil partner and the deceased was | Surviving spouse or civil partner takes |
| The whole estate |
| Personal chattels, the statutory legacy that applies if there is issue ( IHTM12122), (table 1) and a life interest in half the residue |
| Personal chattels, the statutory legacy that applies if the deceased dies without issue ( IHTM12122), (table 2) and a half share of residue absolutely. |
Under s.47A Administration of Estates Act 1925 the surviving spouse or civil partner may opt to receive a lump sum ( IHTM35190) rather than a life interest.
