Intestacy Law: Succession and Asset Distribution

Intestacy Law

Intestacy law, also known as intestate succession, refers to the legal framework that governs the distribution of a person's property and assets when they die without a valid will.

Key Principles:

• Intestacy: The state of dying without a valid will, leaving the distribution of assets to be determined by law.
• Testate: The state of dying with a valid will, where the distribution of assets is governed by the will.

Rules of Intestacy:

• Spouse or Civil Partner: The spouse or civil partner is entitled to the entire estate if there are no children, parents, or siblings.
• Children: If there are children, the spouse or civil partner receives a statutory legacy (a fixed amount) and the remainder is divided equally among the children.
• Parents: If there are no children, the parents are entitled to the entire estate.
• Siblings: If there are no children or parents, the siblings are entitled to the entire estate.
• Nieces and Nephews: If there are no siblings, the nieces and nephews are entitled to the entire estate.
• Distant Relatives: If there are no nieces and nephews, the estate is divided among more distant relatives.
• Crown: If there are no relatives, the estate passes to the Crown.

Priority of Claims:

• Funeral Expenses: Funeral expenses are paid first from the estate.
• Debts: Debts are paid next, including taxes, utility bills, and other liabilities.
• Statutory Legacy: The statutory legacy is paid to the spouse or civil partner, if applicable.
• Other Claims: Other claims, such as those from relatives or charities, are paid last.

Challenging Intestacy:

• Claims under the Inheritance (Provision for Family and Dependants) Act 1975: Certain family members and dependants can make claims against the estate if they believe they have not been adequately provided for.
• Disputes over Intestacy: Disputes over the distribution of assets can arise, and may be resolved through court proceedings.

Intestacy Law

Definition

• Intestacy law refers to the legal framework governing property distribution when a person dies without a valid will.

Key Principles

• Intestacy: dying without a valid will, leaving asset distribution to be determined by law.
• Testate: dying with a valid will, where asset distribution is governed by the will.

Rules of Intestacy

• Spouse or civil partner inherits entire estate if there are no children, parents, or siblings.
• If there are children, spouse or civil partner receives a statutory legacy and remainder is divided equally among children.
• Parents inherit entire estate if there are no children.
• Siblings inherit entire estate if there are no children or parents.
• Nieces and nephews inherit entire estate if there are no siblings.
• Distant relatives inherit estate if there are no nieces and nephews.
• Estate passes to the Crown if there are no relatives.

Priority of Claims

• Funeral expenses are paid first from the estate.
• Debts, including taxes and utility bills, are paid next.
• Statutory legacy is paid to the spouse or civil partner, if applicable.
• Other claims, including those from relatives or charities, are paid last.

Challenging Intestacy

• Certain family members and dependants can make claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
• Disputes over asset distribution can arise, and may be resolved through court proceedings.