Intestacy Rules
DEATHS INTESTATE AFTER 1952
Right of Surviving Spouse
Rights of Issue under the Statutory Trusts
Rights of other Relatives
Rights of other Relatives
Parents where there is a surviving spouse
Where the intestate leaves a spouse who survives the intestate by the period of 28 days beginning with the date on which the intestate died or, as regards deaths before 1995,
where the intestate leaves a surviving spouse and no issue, but leaves parents or a parent (whether or not brothers or sisters of the intestate or their issue also survive), the parent
or parents take half the residuary estate, less the personal chattels and the fixed net sum, if there are two parents, in equal shares, absolutely.
Parents where there is no surviving spouse
Where the intestate leaves no husband or wife who survives the intestate by the period of 28 days or, in the case of deaths before 1996 where the intestate leaves no surviving spouse and leaves a parent or parents but no issue, the parents take the residuary estate in equal shares absolutely; or if there is only one that parent takes the whole absolutely. The parents to take must be relations in blood and therefore step-parents and parents by marriage are excluded. The rights of succession to a legitimated person dying intestate and the rights of the mother of an illegitimate child dying intestate are considered elsewhere.
Other relatives where there is a surviving spouse
Where the intestate leaves a husband or wife who survives the intestate by the period of 28 days or, in the case of deaths before 1996 where the intestate leaves a surviving spouse and neither issue nor parent but leaves a brother or sister of the whole blood or issue of a brother or sister of the whole blood, half the residuary estate, less the personal chattels and the fixed net sum, is held on the statutory trusts for the brothers and sisters of the whole blood. Where the intestate leaves no issue and no parent or brother or sister of the whole blood, or issue of such a brother or sister, any surviving spouse takes to the exclusion of any of the intestate’s relations.
Other relatives where there is no surviving spouse
Where the intestate does not leave a spouse who survives by the period of 28 days beginning with the date of the intestate’s death and leaves neither issue nor parent then the residuary estate goes to the following persons living at the intestate’s death and in the following order and manner: (1) brothers and sisters of the whole blood; (2) brothers and sisters of the half blood; (3) grandparents; (4) uncles and aunts of the whole blood; (5) uncles and aunts of the half blood. With the exception of grandparents who, like parents, must take absolutely, these classes of relatives take upon trusts corresponding to the statutory trusts for the issue of the intestate (other than the provision for bringing any money or property into account), as if such classes of relatives were substituted for issue in those trusts. Accordingly, if there survive the intestate members of any one of the classes, or (except in the case of grandparents) descendants, however remote, of members who have predeceased the intestate, they take per stirpes to the exclusion of every class later in the list.
Throughout these provisions a husband and wife are to be treated as two persons. A direction by a testator that his estate is not to go to any of the persons entitled under the foregoing provisions is ineffective if he died intestate, for he cannot override the law, but he may direct that, in case of his dying intestate, some persons included are not to take.
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