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Intestacy – What does it mean?

Intestacy – What does it mean?

An intestacy occurs when someone dies without making a valid Will. This may be because they simply have not made a Will or because the Will they have made is not properly executed or witnessed or they lacked the capacity to make the Will.

If an intestacy occurs the law sets out how that person’s Estate should be distributed.

The Intestacy Rules govern who gets what when someone dies without a Will. Spouses and civil partners are provided for as are children, if there is no-one in these categories, wider relatives will receive a benefit.

The current Intestacy Rules can be found here.

At present, unmarried partners or people who are co-habiting are not recognised by the Intestacy Rules. The Rules also set out how many certain categories of claimant can receive in an intestacy. In some cases the amount is determined by a straight division of the Estate, in other cases, specific amounts can be paid.

Sometimes this can mean that people who were important to the deceased are not provided for. That can give rise to a claim under the Inheritance (Provision for Family and Dependants) Act 1975. A successful claim may result in the division of the Estate being changed to ensure that, for example, a co-habiting partner is provided for.

If there is no Will and no-one is entitled to the Estate under the Intestacy Rules the assets of the deceased will pass to the Government under the “bona vacantia” rules.

Where an intestacy does arise someone will need to obtain a Grant of Letters of Administration to allow them to deal with the distribution of the assets. Until such a Grant is issued no-one has the authority to deal with the Estate.

To decide who can apply for the Grant it will be necessary to consider the family tree. Usually the closest living relative is the person who can apply – a husband, wife or civil partner followed by children over the age of 18. Importantly, cohabiting couples are not entitled to apply.

If you are concerned about an intestacy please contact our expert team here and we will be happy to assist you.

The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.

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