Intestacy

Intestacy occurs when someone dies without a will in the UK, triggering statutory rules that determine how their property and assets are distributed among surviving relatives.

What Is Intestacy?

In the UK property market, the concept of intestacy plays a significant role when an individual dies without leaving a valid will. This situation activates a set of legal rules known as the Rules of Intestacy, which dictate how the deceased's estate, including any real estate, is to be divided among their surviving family members. These rules are designed to provide a fair distribution of assets, but they may not always align with the deceased's would-be wishes.

The process of administering an intestate estate can be complex and time-consuming, often involving the appointment of an administrator (as opposed to an executor, who is named in a will) to manage the estate's affairs. This individual is typically a close relative of the deceased, and their responsibilities include valuing the estate, settling debts, and distributing the remaining assets in accordance with the intestacy rules.

Intestacy can significantly impact the distribution of property assets in the UK, often complicating the inheritance process for the deceased's relatives. Understanding the rules of intestacy is crucial for anyone involved in estate planning or the administration of an estate without a will. To ensure your property is inherited as you wish, it's advisable to consult with legal professionals to create a comprehensive estate plan, including a well-drafted will.

Frequently Asked Questions

Intestacy is a term that you may have heard before, but you might not be sure what it means. Here are some common questions and answers to help you understand what it means.

The inheritance hierarchy typically starts with the spouse or civil partner and then flows to children, parents, siblings, and other relatives in a prescribed order. The specifics can vary depending on the size of the estate and the family structure.
Property owned solely by the deceased will be part of the estate distributed under the Rules of Intestacy. If the property was jointly owned, it often passes automatically to the surviving co-owner, depending on the type of joint ownership.
While the intestacy rules themselves are fixed, disputes may arise, particularly from dependents who feel inadequately provided for. They may make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision.
The simplest way to avoid intestacy is by making a will and keeping it updated to reflect any major life changes, such as marriage, divorce, or the birth of children, to ensure that your property and assets are distributed according to your wishes.