Worthingtons Solicitors


The rules of intestacy specify an order of who should benefit from the estate of an intestate person. This order also applies to who will act as administrator for the estate;

  • Spouse or civil partner
  • Children/grandchildren
  • Parents
  • Brothers and sisters
  • Grandparents
  • Uncles and aunts

The highest existing and surviving relative will take priority. If the deceased has a surviving spouse or civil partner, all of the estate will be passed on to them, unless the value of the estate exceeds £250,000.

If there is no surviving next of kin the whole of the estate will go to the Crown, a situation known as ‘bono vacantia’.

It is important to note that some property will not pass under the Intestacy Rules this includes;

  • Joint property (automatically passes to the survivor)
  • Joint bank account (automatically passes to the survivor)
  • Life policy with a nominated beneficiary
  • Pension scheme with a nominated beneficiary
  • Life interest held under trust – this will pass in accordance with the trust instrument.

We can help guide you through the process of administrating an estate where the deceased has not left a Will.

Contact us today if you need Wills or Probate advice

Call 02891811538 or Contact us