IHTM12121 - Succession: Intestacy: 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 distribution rules if the deceased dies leaving a surviving spouse or civil partner are:
Without issue, parent brother sister or issue of brother or sister
The surviving spouse or civil partner takes the whole estate
With issue (children, grandchildren and remoter descendants)
The surviving spouse or civil partner takes the personal chattels, the statutory legacy that applies if there is issue (IHTM12122), (column 1) and a life interest in half the residue
Without issue but with parents brother or sister or issue of brother or sister
The surviving spouse or civil partner takes the personal chattels, the statutory legacy that applies if the deceased dies without issue (IHTM12122), (column 2) and a half share of residue absolutely.
Lump sum
Under Administration of Estates Act 1925/S47A the surviving spouse or civil partner may opt to receive a lump sum (IHTM35190) rather than a life interest.
