Let’s outline the rules of intestacy. If you have trouble understanding the jargon, hover over the word and click to learn more.
Outlined in the Non-Contentious Probate Rules 1987, personal representatives of the Estate, also called the Administrators, would be called in the following order:
Surviving spouse or civil partner of the intestate deceased.
Surviving issue of the intestate deceased.
Surviving parents of the intestate deceased.
Surviving siblings of the whole blood of the intestate deceased, or the issue of said sibling.
Surviving siblings of the half blood of the intestate deceased, or the issue of said sibling.
Surviving grandparents of the intestate deceased.
Surviving aunts or uncles of the whole blood of the intestate deceased, or the issue of said aunt or uncle.
Surviving aunts or uncles of the half blood of the intestate deceased, or the issue of said aunt or uncle.
Treasury Solicitor on behalf of the Crown.
The Administration of Estates Act 1925 provides that the order of succession is:
Surviving spouse or civil partner of the intestate deceased inherits all personal chattels, £250,000.00 and 50% of the residual Estate. The remaining 50% residual Estate is shared equally amongst surviving issue of the intestate deceased. If the Estate totals less than £250,000.00 then the full sum is inherited by the surviving spouse or civil partner of the intestate deceased
If there is no surviving spouse or civil partner, the Estate passes in it’s entirety to the surviving issue of the intestate deceased
If there is no surviving spouse or civil partner and there is no surviving issue then the Estate passes in it’s entirety to the parents of the intestate deceased
If there is no surviving spouse or civil partner, issue or parents, the Estate passes in it’s entirety to the siblings of the whole blood of the intestate deceased
If there is no surviving spouse or civil partner, issue, parents or siblings of the whole blood, the Estate passes in it’s entirety to the siblings of the half blood of the intestate deceased
If there is no surviving spouse or civil partner, issue, parents, siblings of the whole blood or siblings of the half blood, the Estate passes in it’s entirety to the grandparents of the intestate deceased
If there is no surviving spouse or civil partner, issue, parents, siblings of the whole blood, siblings of the half blood or grandparents, the Estate passes in it’s entirety to the aunts and uncles of the whole blood of the intestate deceased
If there is no surviving spouse or civil partner, issue, parents, siblings of the whole blood, siblings of the half blood, grandparents or aunts or uncles of the whole blood, the Estate passes in it’s entirety to the aunts and uncles of the half blood of the intestate deceased
If there is no surviving spouse or civil partner, issue, parents, siblings of the whole blood, siblings of the half blood, grandparents, aunts or uncles of the whole blood or aunts or uncles of the half blood, the Estate passes in it’s entirety to the Crown
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