Who Inherits The Property Of A Deceased Person If There’s No Will?

Inheritance is a complex area of law and one of the leading causes of family feuds. Even in the presence of a legally binding will, inheritance disputes can arise, so one can only imagine how ugly the situation may tend to become in cases where there is no will left behind by the deceased person.

When no valid will exists, and the property (estate) of a deceased person is to be divided, UK law strictly advises that the estate must be shared according to the rules of intestacy. The person whose property is to be distributed is called an intestate person.

The rules of intestacy are clearly defined, and under these rules only married or civil partners, along with some other close relatives of the intestate person can legally claim for inheritance.

How much can they claim and in which cases they’ve the right to claim – we take a brief look at the answers to these questions. For more detailed and tailored guidance, we would suggest that you consult a UK based solicitor who specializes in area of family law.

Married or civil partners inheriting the property

Under the rules of intestacy, married or civil partners can only inherit the property of the intestate person, if they were in marriage or in a civil relationship with the person at the time of their death. If they were not, they cannot inherit the property.

As for partners who were informally separated, but their relationship still has a legal status, they too are in right to claim inheritance.

How much can they claim?

It depends on the value of the estate and if there are any surviving children, grandchildren or great grandchildren of the person who died.

In cases where the property is valued below £250,000, the partner inherits all of it. If the property is valued at more than £250,000, the partner inherits:

• the first £250,000 of the property, and
• half of the value of the remaining estate.

Rest of it is divided between other legal claimants.

Children inheriting the property

As discussed above, children can only inherit the property in presence of a surviving partner if the property is valued at over £250,000. They get one half of the value of the property above £250,000. Where there are two or more children, the share of inheritance is equally divided among them.

If there’s no surviving partner, children will inherit all the property.

Grandchildren and great grandchildren inheriting the property

Grandchildren and great grandchildren of an intestate person only get to inherit their parent’s or grandparent’s share in the property, if:

• their parent or grandparent died before the intestate person, or
• their parent was alive at the time when the intestate person died, but they later passed away before their (claimant’s) eighteenth birthday.

Other close relatives inheriting the property

Other close relatives, like parents, brothers, sisters and nephews and nieces can only claim inheritance if:

• the amount of estate is above a certain value
• there are no surviving children or partner of the intestate person

Where there are no surviving close relatives…

The property passes to the Crown and a treasury solicitor is appointed to deal with the distribution of assets of the deceased person.

Need legal help in matters of family law and inheritance? Feel free to reach out for friendly and expert advice.