Intestacy Solicitors

Experienced Intestacy Lawyers

When a loved one passes away without a valid Will, their estate is administered under the rules of Intestacy. 

This is a difficult time for those involved, and with the absence of a Will can add further complexity to an already distressing situation. 

Our team of Intestacy Solicitors at Eric Robinson Solicitors has over 60 years of experience advising clients on a wide range of Intestacy matters. 

We work efficiently and sensitively, providing you with clarity and reassurance during this process. 

To discuss your situation, contact your closest office today to see how we can help you.

Who Can Inherit Under Intestacy Laws?

Before an estate can be distributed, there are several rules that the Administrators must follow. 

The Administrators must first establish the total value of the deceased’s Estate and identify if there are any surviving relatives. 

The value of the Estate will then determine how it will be distributed to eligible beneficiaries. 

Under the rules of Intestacy, the following individuals can inherit, ordered in priority: 

• A spouse or civil partner (including those who are separated, but not yet divorced)
• Children of the deceased (including any adopted children)
• Surviving parents 
• Full-blood siblings 
• Half-blood siblings 
• Grandparents
• Aunts and uncles 
• Half-blood aunts and uncles

If no surviving relatives of the deceased can be found, under the rules of Intestacy, the estate goes to the Crown (known as bona vacantia).

For more in-depth information of the Rules of Intestacy and the steps that can be taken to avoid them, please see our article.

How the Statutory Legacy Affects a Surviving Spouse

The Statutory Legacy is one of the rules of Intestacy. This rule comes into effect when the deceased is married with children from that marriage. 

This rule provides the surviving spouse with a fixed sum of money before the remainder of the deceased’s estate is divided equally between the spouse and their children. 

As of 27th July 2023, the Statutory Legacy was increased, entitling surviving spouses to £322,000, an increase of £52,000. 

If the Statutory Legacy comes into effect, it works as follows:

• Any value above £322,000 is divided equally. One half of this value goes to the surviving spouse, the other half is shared equally with the deceased’s children.  
• The surviving spouse of the deceased receives all personal possessions
• The spouse then receives the first £322,00 of the remaining estate

For example:

• Net estate value of £500,000
• Surviving spouse receives all personal possessions and £322,000 as well as £89,000 (half of the remaining £178,000)
• £89,000 is then shared equally among the deceased’s children. 

If there are no children, then the spouse or civil partner surviving the deceased, will inherit the entire estate.

If there is no surviving spouse or civil partner, the estate is distributed in accordance with the intestacy rules. The estate passes to the highest-ranking category of eligible relatives and only moves down to the next category if there is nobody entitled to inherit in the preceding category.

For example, if there is no surviving spouse or children, the estate will go to any surviving parents of the deceased, with the estate being inherited equally between both of them. If there are no surviving parents, it will then pass to their siblings, and so on down the hierarchy.

Important considerations

• A surviving spouse must outlive the deceased for a minimum of 28 days in order to inherit under the rules of Intestacy. 
• If the deceased is separated from their spouse, but not yet officially divorced, they retain their rights to the Statutory Legacy. 
• Currently, cohabiting couples are not entitled to the Statutory Legacy, however, proposals have been made to change this.

Common Issues

Without a valid Will, a number of issues can arise during Estate Administration. 

Common issues include:

• Unmarried partners of the deceased not receiving any assets
• Family disputes arise without a valid Will documenting desired wishes
• Specific assets may be difficult to locate
• Estranged relatives making claims to the estate

How Eric Robinson Solicitors Can Help

Administrating an Estate is complex, especially when there is no valid Will and Intestacy rules apply. 

Our team of solicitors will be able to guide you through each step of the process, ensuring that the estate is distributed in line with Intestacy laws. 

We will help by:

• Identifying the correct beneficiaries to the estate
• Preparing required documentation to obtain a Letter of Administration, allowing a relative to manage the estate
• Drafting paperwork for an official Deed of Variation to amend how the estate is to be distributed
• Resolving disputes between family members that may arise.

Contact Your Closest Office Today

If you are concerned about the correct administration of a loved one’s estate, our Intestacy Solicitors can help. 

With over 60 years of experience, we will ensure that the estate is administered in line with the current Intestacy laws. 

Contact your closest office today to see how we can help you:

• Southampton
• Hedge End
• Chandlers Ford
• Winchester
• Lymington 
• Shoreham-by-Sea
• Marlborough
• Richmond Upon Thames