Intestacy Married with Children in England & Wales, Scotland and Northern Ireland

Published / Last Updated on 29/04/2023

If you die without having made a Will, you die Intestate.  Intestacy laws differ for England & Wales, Scotland and Northern.

This Video Covers:  Intestacy, Death Without A Will if Married or Civil Partner with Children

Joint Assets:  Any assets that you jointly own e.g., land or property under joint tenancy or joint named bank accounts are automatically transferred into the sole name of the surviving partner.

Remaining Assets in Sole Name of the Deceased Are Distributed As Follows:

England and Wales

Scotland

Northern Ireland

Legal spouse inherits first £270,000 of your estate (increased to £322,000 from 26 July 2023)

Legal spouse inherits 100% of house value up to £473,000 or if the house is worth more, then the house may need to be sold to ensure that the spouse receives £473,000

Legal spouse inherits first £250,000 of your estate

50% of the balance of the estate goes to your legal spouse

Legal spouse also inherits furniture and household goods up to £29,000

Legal spouse also inherits your personal possessions

50% of the balance of the estate goes to your children equally

Legal spouse inherits cash up to £50,000

If there is 1 child: 50% of the balance of the estate goes to your legal spouse

 

1/3rd of the balance of the estate goes to your legal spouse

If there is 1 child: 50% of the balance of the estate goes to your child

 

2/3rds of the balance of the estate goes to your legal children equally

If there are 2 or more children: 1/3rd of the balance of the estate goes to your legal spouse

 

 

If there are 2 or more children: 2/3rds of the balance of the estate goes to your legal children equally

Don’t Delay Make A Will:  It is advisable that we all make a Will to ensure that the people or organisations that we care about, inherit our wealth in the proportions that we would like.

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