Who can inherit if there's no will
Mae'r cyngor hwn yn berthnasol i Cymru. Gweler cyngor ar gyfer Gweler cyngor ar gyfer Lloegr, Gweler cyngor ar gyfer Gogledd Iwerddon, Gweler cyngor ar gyfer Yr Alban
When a person dies without leaving a will, their estate has to be shared out according to certain rules. These are called the 'rules of intestacy'.
A person’s estate is made up of their money and property.
If a person dies without leaving a will, they’re called an ‘intestate person’.
Usually married partners, civil partners, and some relatives can inherit under the rules of intestacy. However, the rules can be complicated. Check if you can inherit if someone dies without a valid will on GOV.UK.
Married partners and civil partners
People who were married or in a civil partnership with the person when they died can inherit under the rules of intestacy. This includes if they were separated but still married.
Without a valid will, a person can’t inherit if:
they were divorced from the person who died
their civil partnership had legally ended when the person died
If there are children
If the estate is valued at more than £322,000 , the inheritance is divided between the partner and the children. If the estate is £322,000 or less then the children don’t inherit. The partner inherits:
all the personal property and belongings of the person who has died
the first £322,000 of the estate
half of the remaining estate
The children will inherit the other half of the remaining estate. If the person who died had more than 1 child, this amount will be divided equally between them. This includes any child adopted by the person who died. It also includes any biological or adopted child the person had from other relationships.
Jointly-owned property
Couples may jointly own their home. There are two different ways of jointly owning a home. These are beneficial joint tenancies and tenancies in common.
If the partners were beneficial joint tenants at the time of the death, when the first partner dies, the surviving partner will automatically inherit the other partner's share of the property. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.
For more information about beneficial joint tenancies and tenancies in common, see Buying with someone else in Buying a home.
Couples may also have joint bank or building society accounts. If one dies, the other partner will automatically inherit the whole of the money.
Property and money that the surviving partner inherits does not count as part of the estate of the person who has died when it is being valued for the intestacy rules.
Tom and Heather are married and own their flat jointly as beneficial joint tenants. They have a child called Selma.
Tom dies without a will, leaving the jointly-owned flat worth £300,000, and £50,000 in shares in his own name.
The flat goes automatically to Heather. This leaves an estate of £50,000 which also goes to Heather, as it is worth less than £322,000. Selma inherits nothing.
If Tom had owned the flat in his name alone, his estate would have been worth £350,000.
This means his estate would be shared out according to the rules of intestacy. Heather would get the first £322,000. This leaves an estate of £28,000 - Heather would get £14,000 and Selma would get £14,000.
Children
The amount a child inherits depends on:
how many children the person who died had
if the person who died had a married or civil partner who’s still alive - sometimes called a ‘surviving partner’
All children of the person who died inherit an equal amount. It doesn’t matter who their other parent is.
A child can inherit whether their parents were ever married or not.
A child adopted by the person who died can inherit. This includes step-children who have been adopted by their step-parent.
Step-children who weren’t adopted by the person who died can’t inherit under the rules of intestacy.
If a child is under 18, they can’t receive their inheritance until they’re 18 years old. The inheritance will be held in a trust. Until then, an adult called a ‘trustee’ will manage the inheritance on their behalf.
If the person who died had no surviving married or civil partner
The children of the person who has died inherit the whole estate. This applies however much the estate is worth. If there are 2 or more children, the estate will be divided equally between them.
If the person who died had a surviving married or civil partner
A child only inherits from the estate if the estate is valued at over £322,000.
The partner inherits:
all the personal property and belongings of the person who has died
the first £322,000 of the estate
half of the remaining estate
A child inherits the other half of the remaining estate. If the person who died had more than 1 child, this amount will be shared equally between them.
Alan and Grace were married and have two children, Tim and Annie. Alan and Grace get divorced. Alan then has a child, Mark, with his new partner Beata.
Alan and Beata don’t marry. Alan dies. Grace does not inherit under the intestacy rules because she’s divorced from Alan. Beata also doesn't inherit anything because she hasn’t married Alan.
Alan's children, Tim, Annie and Mark inherit all of his estate. The estate is shared equally between them.
Grandchildren and great-grandchildren
A grandchild or great-grandchild can't inherit from the estate of an intestate person unless:
their parent or grandparent has died before the intestate person
their parent is alive when the intestate person dies but dies before reaching the age of 18
In these circumstances, the grandchildren and great grandchildren will inherit equal shares of the share their parent or grandparent would have been entitled to.
Abdul has two sons, Iqbal and Ismail. Ismail has one daughter, Habiba.
Ismail dies when Habiba is 2 years old. Abdul dies intestate when Habiba is 20. This means Habiba inherits Ismail's share of Abdul's estate.
Other relatives
There are rules around which other relatives can inherit. This depends on how people were related to the person who died and how much the estate is worth.
Check who can inherit if someone dies without a will on GOV.UK.
If there are no living relatives
If there are no surviving relatives who can inherit under the rules of intestacy, the estate passes to the Crown. This is called ‘bona vacantia’.
The Treasury Solicitor is then responsible for dealing with the estate. The Crown can make grants from the estate but doesn’t have to agree to them.
If you’re not a surviving relative, but you believe you have a good reason to apply for a grant, you’ll need legal advice. You can:
Find out more about bona vacantia on GOV.UK.
Changing who gets what from the estate
The people who inherit can share out the estate differently to what the rules of intestacy say if:
everyone over the age of 18 who would inherit agrees
it's done within 2 years of the death
This means the money and property each person gets can be changed. It can also be used to give money or property to people who can't inherit under the rules of intestacy.
If you want to make a change to the amount people will inherit, you'll need to make a 'deed of family arrangement or variation'. You should get legal advice. You can:
If you can't inherit
You can ask the people who did inherit to change how the estate is shared. Everyone who will inherit will need to agree to this change.
If the death left you significantly worse off, you might be able to go to court for help.
The court might decide you should get money or property from the estate of the person who died. apply to court for financial provision from the estate. You’ll need specialised legal advice to do this. You can:
Rejecting your inheritance
You might want to reject the money or property you're going to inherit. This is called 'disclaiming' it. If you disclaim your inheritance, it will usually go to the next person who's entitled under the intestacy rules.
If you claim benefits, your inheritance might change what benefits you’re entitled to. You can check how your benefits might change using a benefits calculator. You can also talk to an adviser.
If you want to reject your inheritance, you should get legal advice. You can:
If you’re finding things difficult
Your mental health is as important as your physical health. You should talk to your GP if you are struggling with your mental health.
You can find other ways to get help with your mental health on the Mind website.
If you need help with grief
You can call the Cruse Bereavement Care helpline or get help on their website.
Cruse Bereavement Care
Helpline: 0808 808 1677
Monday 9.30am to 5pm
Tuesday, 1pm to 8pm
Wednesday to Friday, 9.30am to 5pm
If you need someone to talk to
You can speak to a trained volunteer at organisations like Samaritans or Shout.
Samaritans
Helpline: 116 123 (Monday to Sunday at any time)
Welsh Language Line: 0808 164 0123 (Monday to Sunday 7pm to 11pm)
Calls to Samaritans are free.
You can find other ways to get in touch with Samaritans on their website.
Shout
You can also text 'SHOUT' to 85258 to start a conversation with a trained Shout volunteer. Texts are free, anonymous and confidential from anywhere in the UK.
If you think it's an emergency
If you think your life or someone else’s is at risk, you should call 999 or go to A&E if you can.
You can also find a list of urgent mental health services on the Mind website.
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