New Intestacy Rules as from 1st October 2014
You are married but there are no surviving relatives?
Widowed spouse gets everything.
You are married, estate worth more than £250,000 and you have children?
This is where is begins to get interesting and potentially problematic for the surviving spouse/civil partner. The first £250,000 will go to the spouse plus half of the remaining assets. The remaining half will shared equally among any children.
You are not married but have children?
Under Intestacy Rules your children will inherit, again if a child has pre-deceased then their children will receive their parents share.
You are not married and have no children?
Your surviving relatives will inherit in the order as previously shown above
If you have no surviving parents, siblings, grandparents, uncles or aunts then the Crown will receive everything!!
Intestacy Rules still do not recognise unmarried ‘common law’ partners
The effect of dying Intestate can be inequitable and unfair, especially to surviving spouses/civil partner – surviving dependents may be entitles to seek more adequate provision by making a claim under the Inheritance (Provision for Family & Dependents) Act 1975
THE BEST WAY OF AVOIDING THE UNINTENDED CONSEQUENCES OF INTESTACY IS TO QUITE SIMPLY MAKE A WILL.