How do the Intestacy Rules apply to the brothers, sisters and other family members of a person who has died without a will, and with no spouse or children to inherit their estate?
The Answer from Solicitors Online
The Intestacy Rules control how the estate of a person who died without a will, or with property not referred to in their will, is to be distributed to their family members. If there is no surviving spouse, any surviving children, other family members such as brother, sisters, parents, grandparents, Uncles and Aunts are next in line to receive the estate.
The Intestacy Rules regarding parents
If the intestate person has no surviving spouse or children, then their estate will be given to their parents if they are still alive.
The Intestacy Rules regarding Brothers and Sisters
If the intestate person has no surviving parent, then his or her brothers and sisters of full blood will be given the estate. Brothers and Sisters who do not share both of the same parents as the deceased will not have any entitlement.
The Intestacy Rules regarding grandparents
If there is no surviving spouse, children, parents, brothers or sisters, then the grandparents of the deceased will be given the estate, with it being shared equally between them.
The Intestacy Rules regarding Uncles and Aunts
Following on from grandparents, if there are no surviving grandparents, the deceased’s estate will be given to their Uncles and Aunts of full blood who are still alive.
However if there are none in existence, other Uncles and Aunts who are half Brothers and Sisters of the deceased parents will become entitled to receive the estate of the deceased
Only blood relatives of an intestate person can be entitled to be given the estate under the Intestacy Rules. Relatives who are related only by marriage will not be entitled to the estate under the rules of Intestacy in any circumstance.
If you need legal advice on the Intestacy Rules and how they apply to you, you can speak to one of our Solicitors online right now.