Who gets the intestate's assets?
What happens to the assets and wealth of someone who dies without leaving a will depends on what property the intestate has left, and what living relatives he has left behind :
| If the Deceased dies leaving... | Then the estate is distributed as follows... |
| A spouse (or civil partner) and children |
The spouse receives all personal possessions and a legacy of £250,000. The rest of the estate is split equally into two halves. One half is given to and shared amongst the children. The spouse has the right to the interest earned on the other half, during the childrens' lifetime. After the spouse's death, the capital passes to the children in equal shares. If however the estate is worth less than £250,000, the spouse receives everything. |
| A spouse (but no children) and either parents or siblings |
The spouse receives all personal possessions, a legacy of £450,000, and half the rest of the estate The other half of the remaining estate passes to the deceased's parents in equal shares. If there are no parents, then that half passes to the deceased's brothers and sisters of the whole blood in equal shares. If there are no brothers or sisters of the whole blood, half brothers and half sisters would then become entitled in equal shares. If the estate is worth less than £450,000 , the spouse receives everything. |
| A spouse but no children, no parents, and no siblings | The whole estate passes to the spouse. |
| Children but no spouse | The whole estate passes to the children in equal shares upon their reaching 18. |
| Neither spouse nor children |
The whole estate would pass to the closest relative of the deceased, chosen in this order -
If none of the above survive, the estate would pass to the Crown |
