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England and Wales

If the intestate dies leaving:

  1. Spouse or civil partner surviving 28 days, but no issue, parent(s), brother(s) or sister(s), nephew(s) or niece(s)
    Spouse or civil partner takes everything absolutely.

  2. Spouse or civil partner surviving 28 days and issue
    • Spouse or civil partner takes personal chattels (car, furniture, pictures, clothing, jewellery, etc). Plus £125,000 absolutely. Plus life interest (income only) in one-half of the residue.
    • Issue takes one-half of the residue on reaching age 18 or marrying below that age. Plus one-half of the residue on death of spouse or civil partner.

  3. Spouse or civil partner surviving 28 days, no issue but parent(s) or brother(s) or sister(s) or nephew(s) or niece(s)
    • Spouse or civil partner takes personal chattels. Plus £200,000 absolutely. Plus one-half of the residue absolutely.
    • Parent(s), failing a parent then brothers and sisters (nephews and nieces step into their parent’s shoes if the latter is dead), take one-half of the residue.
  4. No spouse or civil partner, or spouse or civil partner dying within 28 days
    Everything is taken by:

    Issue; but if none, then the grandchildren step into the shoes of their parents; but if none:
    Parents; but if none:
    Brothers and sisters of the whole blood (nephews and nieces step into their parent’s shoes); but if none:
    Brothers and sisters of the half blood (nephews and nieces step into their parent’s shoes); but if none:
    Grandparents in equal shares; but if none:
    Uncles and aunts of the whole blood (cousins step into their parent’s shoes); but if none:
    Uncles and aunts of the half blood; but if none:
    The Crown.

Notes
  1. An adopted child is treated as the legitimate child of the adopter(s).
  2. A child legitimated takes any interest as if born legitimate.
  3. An illegitimate child takes any interest provided there is satisfactory proof of parentage.
  4. The property of a man or woman who is divorced or legally separated does not go to the ex-spouse or civil partner under the intestacy rules.
  5. All relatives above are described as blood relationships; therefore the wife of an uncle bearing the courtesy title aunt cannot take.
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