Intestacy Rules

If you are married:

If your estate is worth less than £125,000 then your spouse gets everything.

If your estate is worth more than £125,000 and you had no other surviving relative (e.g. children, grandchildren, parents), then your spouse will still get everything.

If you are married with children:

If your estate is worth less than £125,000 then your spouse gets everything.

If your estate is worth more than £125,000 then your spouse would get £125,000 and a life interest in half of anything over this sum.

Your children would get half the sum over £125,000 immediately and be entitled to the other half on the death of your spouse.

Should any of your children die before you then their children would be entitled to take their parent's share.

If you are married, with no children, but other relatives:

If your estate is worth less than £200,000 then your spouse gets everything.

If your estate is worth more than £200,000 then your spouse would get £200,000, plus half the balance.

The remaining half goes to the other relatives in this order of priority - parents; brothers/sisters; half brothers/sisters; grandparents; aunts/uncles; spouses of aunts/uncles.

If you are not lawfully married, but have had children:

Your estate will be shared between the children. Should they die before you then their children would take their share.

If you are not lawfully married, have no children, but have parents or have had brothers/sisters/ grandparents/aunts/uncles:

Your estate will be shared equally amongst them in this order of priority - parents; brothers/sisters; half brothers/sisters; grandparents; aunts/uncles; spouses of aunts/uncles. If any of these have predeceased, but have living children then the children will take their parent's share.

If you are not lawfully married, and have no other relatives your estate will go the Crown.