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Intestacy - if you have no
Will then you die Intestate
Couldn't get round to making
a Will?
After
all, everyone knew what you wanted to
happen - didn't they?
But, why then is your partner being evicted?..........
The Rules of Intestacy:
What happens
if you don't leave a Will and therefore die Intestate.
If you are
single, widowed, divorced or separated:
The rules of Intestacy mean that your estate
is divided equally between the relatives in the highest category in the
following list
-
your
children*, but if none to
-
your
parents, but if none to
-
your
whole-blood brothers and sisters*, but if none to
-
your
half-blood brothers and sisters*, but if none to
-
your
grandparents, but if none to
-
your
whole-blood uncles and aunts*, but if none to
-
your
half-blood uncles and aunts*, but if none to
-
The
Crown
*If they
have already died leaving children, then the children inherit their
parent's share
If you are
living with a different sex partner in a permanent relationship, you are
considered as a single person and the same rules of intestacy apply as above!
Your partner does not get anything, nor do any children that he or she
may have of his or her own. If you share the same house but the house belongs wholly
to you, then your partner does not even get the house and may have to
move out.
Same sex
couples are treated as a married for the purposes of Intestacy if they have entered into a Civil
Partnership under the Civil Partnerships Act 2004, which came into force
from the 5th December 2005
If you are married, with children of your own:
If the estate is no more than
£250,000:-
Your remaining husband or wife
gets:-
If the estate is greater than
£250,000:-
Your remaining husband or wife
gets:-
-
your personal possessions*
-
the first £250,000 of the
estate
-
an income from half the rest
of your estate until your own death when it passes to the
children
-
The children get the other
half of the remainder. Step children are not included unless
they were adopted by you
If you are married, without any children, the your
remaining husband or wife gets
If the estate is no more than
£450,000:-
Your remaining husband or wife
gets:-
If the estate is greater than
£450,000:-
-
your personal possessions*
-
the first £450,000 of the
estate
-
half the rest of the estate
-
The other half of the
remainder goes to your parents if still alive and, if not, to
your brothers and sisters or, if they have already died, to
their children. If there are no parents, brothers, sisters,
nephews or nieces, or their children, then the remainder of the
estate goes to your remaining husband or wife
*Personal
possessions (“chattels”), i.e. furniture and house contents, car, etc.-
there is an official list defined in section 55(1)(x) Administration of
Estates Act 1925
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