In the absence of a will, who inherits and how much?
Last update: 10/3/2012
In the absence of a will, the following principles apply to various scenarios, like, for example:
If the deceased was unmarried and without children
England and Wales, Northern Ireland
The succession is devolved to the parents of the deceased. If they are already deceased at the time of the death, it goes to the deceased’s siblings of the whole blood.
In Northern Ireland, siblings of the whole and half-blood are equally entitled.
Scotland
Where a deceased is survived by either of, or both, his parents and is also survived by siblings, but is not survived by any children or spouse, the surviving parent or parents shall have right to one half of the intestate estate and the surviving siblings to the other half thereof, unless the deceased also left a cohabitant who could apply to the court for an award from the estate under section 29 of the Family Law (Scotland) Act 2006.
If the deceased was unmarried and leaves children
England and Wales, Northern Ireland
If the deceased leaves children, but no spouse, his/her estate shall be distributed among the children.
Scotland
Where the deceased is survived by children, but no spouse, the children shall have a right to the whole of the deceased’s estate unless the deceased also left a cohabitant who could apply to the court for an award from the estate under section 29 of the Family Law (Scotland) Act 2006
If the deceased leaves a spouse
England and Wales
If the deceased leaves no children, and no parent, or brother or sister of the whole blood, or children of a brother or sister of the whole blood, the residuary estate shall be held in trust for the surviving husband or wife absolutely.
In Northern Ireland the surviving husband or wife or civil partner takes the whole of the estate if the deceased leaves no children, and no parent, or sibling of the whole or half-blood or children of a sibling of the whole or half-blood.
Scotland
If there is no will, a spouse or civil partner will be entitled to prior and legal rights from the estate. If the deceased leaves no children, no parents and no siblings, a surviving spouse or civil partner will also inherit the remainder of the estate, unless the deceased also left a cohabitant who could apply to the court for an award from the estate under section 29 the Family Law (Scotland) Act 2006.
If the deceased leaves no children, but leaves one or more of the following, that is to say, a parent, a brother or sister of the whole blood, or children of a brother or sister of the whole blood,
- the surviving husband or wife shall take the movable property absolutely and, in addition, £ 450 000 of the residuary estate of the deceased (other than the movable property),
- the residuary estate (other than the movable property) shall be held by the personal representative as to one half in trust for the surviving husband or wife absolutely, and as to the other half where the deceased leaves one parent or both parents (whether or not brothers or sisters of the deceased or their children also survive) in trust for the parent absolutely or, as the case may be, for the two parents in equal shares absolutely, where the deceased leaves no parent, on the statutory trusts for the brothers and sisters of the whole blood of the deceased.
In addition, the surviving spouse (or civil partner) has the elective rights mentioned below.
Scotland
If the deceased leaves a spouse but no children,
- the surviving spouse takes the above mentioned prior rights, with a fixed sum of £ 75 000
- and, in addition, as a ‘legal right’, one half of the deceased’s moveable estate.
Where the deceased is survived by a spouse, but is not survived by any children, parents, brothers or sisters (or their children), the surviving spouse shall have right to the whole of the deceased’s estate.
Northern Ireland:
If the decease leaves a spouse and no children, but leaves parents or brothers or sisters or children of deceased brothers or sisters, the spouse shall take
- the movable property
- and, in addition, £ 450 000 of the residuary estate.
Also, the surviving spouse may buy from the personal representative, the deceased’s interest in the dwelling-house.
If the deceased leaves a spouse (or a civil partner), but neither children nor parents nor brothers nor sisters nor children of deceased brothers or sisters, the spouse (or the civil partner) shall take the whole of his/her estate.
If the deceased leaves a spouse and children:
England and Wales
If the deceased leaves a spouse (or a civil partner) and children,
- the surviving husband or wife (or the civil partner) shall take the movable property and, in addition, a statutory legacy of £ 250 000,
- the residuary estate (other than the movable property) shall be held by the personal representative as to one half upon trust for the surviving husband or wife during his/her life, and, subject to such life interest, on the statutory trusts for the children of the deceased, and as to the other half, on the statutory trusts for the children of the deceased.
The surviving spouse (or civil partner) has the following elective rights:
- The surviving spouse (or the civil partner) can ask the capital value of his/her life interest in the residuary estate.
- Also, the surviving spouse may buy from the personal representative the deceased’s interest in the dwelling-house in which the surviving spouse was resident at the time of the deceased’s death.
Scotland
If the deceased leaves a spouse (or a civil partner) and children, the surviving husband or wife (or the civil partner) shall take as prior rights:
- the dwelling house (provided that it is situated in Scotland), if the value of the house does not exceed £ 300 000 (otherwise the sum of £ 300 000),
- furniture and plenishing of the dwelling house (up to the value of £ 24 000),
- a fixed sum of £ 42 000.
In addition, as a ‘legal right’ the surviving spouse takes one third of the deceased’s remaining moveable estate.
The rest of the estate goes to the children.
Northern Ireland
If the deceased leaves a spouse (or a civil partner) and children,
- the surviving husband or wife (or the civil partner) shall take the movable property and, in addition, £ 250 000 of the residuary estate of the deceased (other than the movable property), and, where only one child of the deceased also survives, one-half of any residue left of the remaining estate after providing for that sum and the interest thereon – or, where more than one child of the deceased also survives, one-third of any residue left.
- the rest shall go to the children.
Also, the surviving spouse may buy from the personal representative the deceased’s interest in the dwelling-house in which the surviving spouse was resident at the time of the deceased’s death.
Do partners of a registered or unregistered partnership inherit?
The United Kingdom recognises registered partnerships. Yes, under the UK Civil Partnership Act 2004, registered same sex partners have the same rights upon succession as a deceased’s spouse.
