A full intestacy arises where a deceased dies leaving no valid Will. The following is a flowchart to show which person(s)s is/are entitled to an intestate's estate on death and which person(s) is/ are entitled to a grant of representation in an intestate's estate on his or her death. Bear in mind that not all assets pass according to this chart, for instance, assets held on a joint tenancy would only pass to the surviving joint tenant(s) regardless of the intestacy rules on succession: for more guidance please telephone us on 020 8651 3118 and ask to speak to one of our Solicitors,or why not arrange a free no obligation interview of around twenty minutes with one of them to discuss matters in general.
Why not avoid the intestacy rules by arranging a Will making discussion with us today? It may be easier than you think.
In reading this flowchart please bear in mind that it presupposes that there are no contentious or potentially contentious claims against a deceased intestate's estate and that the intestate died after 1st December 1993. The laws of succession for an intestate may be different if he or she died earlier: again please contact one of our Solicitors for more advice in that case.
The law is stated as at 1st December 2008. We recommend that you contact us to check whether the information on this page remains accurate and whether it is likely to change in the near future. We recommend that you do this in any event for estates in general at least once a year and after every budget and pre-budget report.
Remember that a partial intestacy may even arise where the deceased left a valid Will, depending upon the circumstances. Please contact one of our Solicitors for more information on how that might happen and what to do next.
In respect of deaths on or after 1st January 1996, a spouse /civil partner, to be entitled to the intestate's estate, must survive for 28 days.
*Where a minority or life interest arises there must be at least two applicants for a grant unless a trust corporation applies or a District Judge/Registrar directs otherwise.
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Intestacy flowchart
