Intestacy Solicitors
Protect your legacy by letting us help you navigate intestacy laws and secure your estates future
With our expert guidance you can confidently ensure that your loved one’s wishes are fulfilled.
Intestacy FAQs
What do married partners and civil partners inherit?
The married or civil partners of a deceased person will only inherit under the rules of intestacy if they were married or in a civil partnership at the date of death. This means that if you were divorced from the deceased, or if your civil partnership has been legally ended, you will not inherit under the Intestacy Rules.
Married or civil partners who have only separated informally can still inherit under the Intestacy Rules. However, cohabiting partners who were neither married nor in a civil partnership, will not inherit property or possessions under the rules of intestacy.
If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £322,000 the spouse or civil partner will inherit:
- all the deceased’s personal property and belongings, and
- the first £322,000 of the Estate, and half of the remaining estate (often known as the residuary estate, which could comprise of a bank account or, for example, an interest in a Limited Liability Partnership registered in England and Wales).
If there are no surviving children, grandchildren or great-grandchildren, the spouse or partner will inherit:
- all the deceased’s personal property and belongings, and the whole of the rest of the Estate (often known as the residuary estate, which could comprise of a bank account or, for example, an interest in a Limited Liability Partnership registered in England and Wales).
What will children inherit?
The children of the deceased will only inherit property and possessions if there is no surviving spouse or civil partner. If there is a surviving spouse or civil partner, they will inherit only if the Estate is worth more than £322,000.
What will children inherit if there is no surviving spouse or civil partner?
If there is no surviving spouse or civil partner, the children of the deceased will inherit the whole estate. This rule applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
What will children inherit if there is a surviving spouse or civil partner?
If there is a surviving spouse or civil partner, a child only inherits from the Estate if the Estate is valued at over £322,000. If there are two or more children, the children will inherit in equal shares. All the children of the parent who has died inherit equally from the Estate. This also applies where a parent has children from different relationships.
Can step children inherit under Intestacy?
Step children who have been formally adopted by their step parent have the right to inherit under the Rules of Intestacy. Where there has been no formal adoption only biological children will inherit.
What can other close relatives inherit?
Parents, brothers and sisters and nieces and nephews may inherit under the rules of intestacy depending upon:
- whether there is a surviving spouse or civil partner
- whether there are children, grandchildren or great grandchildren.
- in the case of nephews and nieces, whether the parent directly related to the person who has died is also dead
- the amount of the estate
Other relatives may have a right to inherit if the deceased person had no surviving spouse or civil partner, children, grandchildren, great grand-children, parents, brothers, sisters, nephews or nieces. The order of priority amongst other relatives is as follows:-
- grandparents
- uncles and aunts. A cousin can inherit instead if the uncle or aunt who would have inherited died before the intestate person
- half-uncles and half-aunts. A half-cousin can inherit instead if the half-uncle or half-aunt who would have inherited died before the intestate person
Who cannot inherit?
The following people have no right to inherit where someone dies without leaving a Will:
- unmarried partners (sometimes wrongly called ‘common-law’ partners)
- same sex partners not in a civil partnership
- relations by marriage
- close friends
- carers
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Following the death of my father, I needed a solicitor to handle probate for the estate and to sell his house. Eric Robinson were recommended to me, and I wasn’t disappointed. Everyone I death with was friendly, helpful and professional, and I am delighted with the service I received. My thanks to Kristen, Sarah, Bernadette and Megan for everything they did.
Experienced Residential Conveyancing Solicitors
I had the pleasure of working with Eric Robinson Solicitors for the purchase of my home, and I am extremely satisfied with the service provided. Mr Sajith Pillai was highly professional, efficient, and kept me informed every step of the way. They made the typically stressful and complex process of buying a home feel seamless and easy. I would strongly recommend Eric Robinson Solicitors to anyone seeking a residential conveyancing solicitor. Thank you.
Great service!
Great service from Sajith. Very good communication and constantly updated us. Thank you for everything- really appreciate it. Helped us achieve our dream home.
Excellent service
Eric Robinson Solicitors service was excellent.Our designated solicitor Sajith was excellent in all his dealings with us. He was very efficient and very fast with his replies, ensuring that all our doubts and questions were answered. We would highly recommend him to any of our friends and family. Thank you Eric Robinson Solicitors
Made the sale and purchase of our…
Made the sale and purchase of our property stress free. Provided easy non jargon communication. A special mention to Hannah Jones and Carly Dawson who worked extremely hard.
House sale
Selling my property was made that much easier, with Eric robinson solicitors, communication through the whole process was perfect, also big thank you to Carly.
Excellent Service
Following the death of my father, I needed a solicitor to handle probate for the estate and to sell his house. Eric Robinson were recommended to me, and I wasn’t disappointed. Everyone I death with was friendly, helpful and professional, and I am delighted with the service I received. My thanks to Kristen, Sarah, Bernadette and Megan for everything they did.
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Richard Wallace Lower
Partner
Tanya Ajmani
Paralegal
Terry Campbell Barnard
Senior Solicitor
Mark Elloway
Associate
Daniel Hine
Solicitor
Matthew Porter
Senior Associate Solicitor
Myles Reback
Consultant Solicitor
Gemma Tyrrell
Senior Legal Executive
Kristen Woods
Associate Solicitor
Jodi Hamlin
Partner
Victoria Green
Solicitor
Emma Beckhurst
Legal Executive
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