When someone dies without a valid will, they are said to have died intestate.
In England and Wales, when a person dies without leaving a valid will, their estate is subject to the intestacy rules, which determine how their assets are distributed. Intestacy laws provide a framework for the fair and legal distribution of the deceased’s property and assets among their surviving relatives.
Daniel Curran said: “The rules of intestacy typically prioritise certain relatives over others. The priority is given to the surviving spouse. If there is no surviving spouse, then the estate will be distributed to the deceased’s children. If there are no children, then the estate will be distributed to the deceased’s parents. And so on.”
Danny Curran’s team of Heir Hunters at Finders International, identify and trace heirs to unclaimed estates, property, and assets worldwide – enabling the rightful heirs / next of kin (via intestacy law) to lay claim to an unexpected windfall.
Estates and unclaimed inheritance can comprise of property, assets belonging to the deceased such as bank accounts, stocks and shares, personal items such as jewellery, paintings and furniture, intellectual property and more. The estates could range in value from a few hundred pounds to several million. But who’s first in line?
Next of kin – the Order of Priority according to the rules of intestacy:
- Surviving spouse: If there is a surviving spouse, they will inherit the first £270,000 of the estate, plus half of the remaining estate.
- Children: If there are no surviving spouse, the estate will be divided equally among the deceased’s children.
- Parents: If there are no surviving spouse or children, the estate will be divided equally between the deceased’s parents.
- Siblings: If there are no surviving spouse, children, or parents, the estate will be divided equally between the deceased’s siblings.
- Grandparents: If there are no surviving spouse, children, parents, or siblings, the estate will be divided equally between the deceased’s grandparents.
- Other relatives: If there are no surviving spouse, children, parents, siblings, or grandparents, the estate will be distributed according to the intestacy rules of the deceased’s religion.
Although rules of intestacy may seem fair, there are drawbacks to dying intestate, says Danny Curran
“When someone dies intestate, the distribution of their estate can become complex and may not align with the deceased’s wishes. Without a valid will, there is no provision for specific bequests, charitable donations, or the appointment of executors.
“Moreover, the intestacy rules do not account for non-traditional family structures, stepchildren, unmarried partners, or close friends who may have been financially dependent on the deceased. Without a will, these individuals may receive nothing from the estate.
“DNA evidence and Court challenges can succeed in obtaining financial settlements for people whose relationships to the deceased were not documented in the traditional fashion.”
Understanding the English and Welsh intestacy rules is essential for anyone concerned about the distribution of their assets after death without leaving a valid will.
Intestacy can lead to unintended consequences, delays, and disputes, especially in cases where complex family structures or dependents are involved, but sometimes human nature (and sometimes superstition) defies logic and ‘intestate’ remains the default legal status for the majority of people dying in England and Wales
If you don’t have a will, it is important to get one as soon as possible. A will can help to ensure that your wishes are carried out after you die. It can also help to avoid disputes and save money.
Daniel Curran, MD Finders International ends: “If we have contacted you, this is because either we believe you may be the beneficiary we are looking for, or you may know the person or family we are seeking. Either way, the work we do is always of financial benefit to the people we trace.”
But beware of scammers.
There are many scammers out there pretending to be probate researchers. Danny discusses how you can stay safe in this recent article.
