Dishing out the estate under intestacy

If there is no will the property of the deceased is distributed under the laws of intestacy. It is your duty as an administrator to ensure that this law is followed to the letter. Who gets what under intestacy is explained in great detail in Chapter 2. In brief, under intestacy the estate should be distributed in the following way in England and Wales.

Dishing out the estate under intestacyIf there is a surviving spouse but no children, the spouse takes personal possessions plus the first £200,000 and half of what is left of the estate. The other half goes to the parents of the deceased. If there aren't any parents alive, then the siblings of the deceased inherit.

Dishing out the estate under intestacyIf there's a surviving spouse and children, then the spouse takes the personal possessions and gets the first £125,000 plus a life interest – income – in half the remaining estate. The children take the other half of what's left.

Dishing out the estate under intestacyIf there's no surviving spouse but there are children, then the estate is divided equally between them.

Dishing out the estate under intestacyIf there are no spouse or children, a strict order of priority applies where relations inherit according to their proximity in blood to the deceased. Check out Chapter 2 for a full rundown.

In Scotland, who inherits what under intestacy is very similar to England and Wales except that the surviving spouse has more rights to the property. Check out Chapter 2 for the low-down on Scotland's intestacy laws.

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