Laws of Intestacy

Many people believe that if they die without a will – intestate, their estate will automatically pass to their spouse.  This is not necessarily the case.  Click on the link below to see our Intestacy flowchart  to see what really happens.

The intestacy rules, which are contained in the Administration of Estates Act 1925, govern how the estate should be distributed among the deceased’s surviving family members and descendants.

intestacy

When a person dies, someone has to deal with their affairs. This is called ‘administering the estate’.

If the person who has died has no Will (dying intestate) the process becomes more complicated.  An application to the court is need for Letters of Administration.  This is needed in order to administer the estate.

The administrator is the person who has the legal right to deal with the affairs of the deceased and this person is determined by a set order of priority.