Legal Advice on the Rules of Intestacy

If you die without leaving a will or your will is not valid, your assets may not be distributed in the way you wish following your death. 

Intestacy rules do not make any provisions for unmarried partners or non-family members to receive a share of your inheritance, which may not be in line with your wishes. If you have concerns about dying intestate, our experienced wills and probate solicitors can offer advice and support relating to the intestacy rules, giving you clarity on how your estate will be shared. 

We are based in Birkenhead, and have served the Wirral, Merseyside and beyond for more than 100 years.

Contact our legal specialists today to discuss your circumstances by calling 0800 068 3167, or by filling out an online enquiry form.

How can our probate solicitors help you?

ntestate laws can be extremely complicated, which is why it is important to get the right legal information and support. Our probate solicitors will offer simple, easy-to-understand advice on intestacy rules and what they could mean for your specific circumstances. We will also help in the event that you should decide now is the right time for you to write a will.

Why PHR Solicitors?

At Percy Hughes & Roberts, we work tirelessly to deliver the highest standard of support at all times throughout your legal case. This is reflected in the national quality accreditations held by our specialist team: 

We have been providing quality, concise legal advice for more than a century, and we are dedicated to helping members of the community we serve.

What are the intestacy rules affecting my estate?

If you are married or in a civil partnership, and your spouse or civil partner has survived you for 28 days, and you have children they will receive: 

  • Your personal items 

  • The first £250,000 of your estate outright as a legacy 

  • Half of the remainder (known as your residuary estate) 

The other half of your residuary estate will be divided equally between your issue on ‘statutory trusts’ for them at 18. If you are married or in a civil partnership without children, your spouse or civil partner will inherit your entire estate if they survive you for 28 days. 

If you are not married and not in a civil partnership, your estate will pass to the following individuals in priority order: 

  • Your children or grandchildren 

  • Your parents 

  • Your siblings of whole blood (or their children) 

  • Any half-siblings or their children 

  • Your grandparents 

  • Your uncles and aunties of whole blood (or their children) 

  • Your uncles and aunties of half-blood, or their children 

  • The Crown

Are all my assets subject to intestacy rules?

Some items are not included in intestacy rules. These include: 

  • Property, such as real estate or bank accounts, owned as a joint tenant - this will pass automatically to the surviving joint owner 

  • A life policy or pension scheme with a nominated beneficiary - this will pass on to a nominated beneficiary 

  • Life interest held under a trust - this will pass in accordance with the trust

Get In Touch

Contact our legal specialists today to discuss your circumstances by calling 0800 068 3167, or by filling out an online enquiry form.

How we can help

Intestate succession laws have many more complexities in addition to these, which is why it’s important to get the right legal information and support. Our team of probate and Wills experts can help advise you on intestacy rules, and what they could mean for you; if you decide you want to start planning a Will, our specialists can guide you through this process too.

If you want more information on intestacy rules, planning a Will or any other matter relating to your estate, call Percy Hughes & Roberts Solicitors today on 0800 068 3167. Alternatively, you can fill out an online enquiry form, and we will be in touch at a convenient time for you.