PLANNING FOR THE FUTURE
INTESTACY
What is intestacy?
A situation of intestacy arises when a person dies without leaving a valid Will.
The person may leave no Will at all or he or she may have made a document which they
intended to be a Will and has not complied with the legal formalities.
For example 1
Mrs Smith has written some instructions on a piece of paper and has signed it in front of a
single witness. Two witnesses are required to be present when she signs the Will and
therefore the Will is invalid and Mrs Smith dies intestate.
For example 2
Mr Jones has told his family his wishes regarding his estate but has not written anything
down. A Will must be in writing and therefore Mr Jones dies intestate.
What happens if a person dies intestate?
Unfortunately, it means that no one has legal authority to take any action in relation to the
estate until a Grant of Letters of Administration (often called a Grant of Probate) has been
made.
This causes problems because the assets will be frozen including the person’s house.
Intestate leaves (death after
1/10/2014)
Intestate leaves a surviving spouse or civil
partner but NO issue (children and the
children of any children who have pre
deceased i.e. grandchildren, and so on).
Intestate leaves surviving spouse or civil
partner and issue.
Entitlement to Grant
Estate
The surviving spouse or surviving spouse or civil
civil partner.
partner inherits everything.
The surviving spouse or Net estate is more than
civil partner and a child
£250,000, surviving spouse or
civil partner inherits the
personal chattels (belongings)
and £250,000.00 and the
balance over £250,000.00 is
divided into two equal parts
and one is paid to the
surviving spouse or civil
partner and the other half is
held on the statutory trusts for
the issue of the intestate.
This means that one-half
passes to the children who
inherit at age 18 years.
Issue upon attaining the age of
18 years or marry or enter into
a civil partnership under that
age in equal shares.
Issue only i.e. no husband, wife or civil Issue, note that if the
partner.
children are under the
age of 18 trustees will
need to be appointed to
act on the children’s
behalf and two trustees
must be appointed
Intestate leaves father or mother.
father or mother
Father or mother in equal
shares if both survive or to the
survivor in its entirety.
Intestate leaves brothers and sisters of A person or persons Brothers and sisters of the
the whole blood, meaning that the siblings entitled to share in the whole blood in equal shares.
share both parents. If the siblings have estate.
If any of the siblings have
predeceased
the
intestate
leaving
predeceased leaving children,
children, the children step into the
the children share equally their
parent’s shoes, therefore bringing in
deceased parents’ share.
nephews and nieces into the situation.
A person or persons Brothers and sisters of the half
Intestate leaves brothers and sisters of entitled to share in the blood in equal shares. If any
the half blood, meaning that the siblings estate.
of
the
siblings
have
share one parent. If the siblings have
predeceased leaving children,
predeceased
the
intestate
leaving
the children share equally their
children, the children step into the
deceased parents’ share.
parent’s shoes, therefore bringing in
nephews and nieces into the situation.
Intestate leaves grandparents.
Grandparents
Grandparents in equal shares.
Intestate leaves uncles and aunts of the A person or persons Uncles and aunts of the whole
whole blood or their issue in the event of entitled to share in the blood, in the event that they
predeceasing the intestate.
estate.
have predeceased leaving
their own children (being
cousins of the intestate), the
children will share equally the
share of their deceased
parents’ share.
Intestate leaves uncles and aunts of the A person or persons Uncles and aunts of the half
half blood or their issue in the event of entitled to share in the blood, in the event that they
predeceasing the intestate.
estate.
have predeceased leaving
their own children (being
cousins of the intestate), the
children will share equally the
share of their deceased
parent’s share.
Intestate leaves no blood relation as Treasury solicitor or The Crown/ The Duchy of
above.
solicitor for the Duchy of Lancaster/ Duchy of Cornwall.
Lancaster or solicitor for
the Duchy of Cornwall.
Creditor
Creditor
As above
This is a basic introduction to intestacy and we are pleased to offer advice and further guidance to
meet your circumstances.
Contact details for Wills & Probate Department:-
Naomi Pinder
Solicitor - Head of Department
John Bradfield-Kay
Solicitor
 [email protected]
 [email protected]
Emily Comer
Wills and Probate Assistant
 [email protected]
Bianca Moran
Personal Assistant to Naomi Pinder
 [email protected]