fbpx
Chevron pointing up icon

What happens when someone dies without a will?

Solicitors in London

"Osbornes feels like a local firm but with a Big City reach."

The Legal 500 2019

What happens when someone dies without a will?

When someone dies without a will the law describes them as dying intestate. What a spouse or civil partner is eligible to receive when their spouse or civil partner dies without a will after 1st October 2014 is detailed below:

If the deceased leaves issue (eg. children and/or grandchildren) the spouse or civil partner receives:

  1. The deceased’s personal belongings; and
  2. £250,000
  3. Half of the residue (i.e. what is left after payment of any debts and estate expenses) with the other half going to the children equally.

If the deceased leaves no children and/or grandchildren the spouse or civil partner receives the whole estate.

If the deceased leaves no children and/or grandchildren, parents, brothers or sisters of the whole blood or their children/grandchildren, then the spouse or civil partner takes the whole estate absolutely.

If the deceased dies without leaving a spouse or civil partner the estate then goes to:

The deceased’s children or grandchildren on the statutory trusts. This means that if a child has predeceased his or her parent, leaving children of his own, those grandchildren of the deceased will receive what their predeceased parent was entitled to in equal shares.

If the deceased dies having no spouse, children or grandchildren the estate goes to:

1.  the deceased’s parents; if none then

2.  the deceased’s brothers or sisters of whole blood on the statutory trusts, failing whom to remoter relations.

If none of these exist then then estate will go to the Crown or the Duchy of Cornwall or the Duchy of Lancaster.

Clearly if you die without having first made a will, your assets may end up being received by someone whom you did not intend or indeed want to receive your estate. It is therefore vital you make a will within which you can state who you would like to benefit from your estate on your death.

For advice on making a Will contact Jan Atkinson, a specialist wills and trusts solicitor and head of department at Osbornes solicitors.

Speak to a Lawyer

Accreditations

Latest Wills, Probate & Disputed Estates News


Osbornes Law Osbornes Law @osborneslawyers RT @HeadwayELondon: Danny talks about left-sided weakness & physical changes after brain injury on our life stories project "Who Are You No… 6 days ago
Osbornes Law Osbornes Law @osborneslawyers RT @HampsteadChambC: Our next concert is this coming Saturday, 23 March at Hampstead Parish @Hampstead_PC at 7.30pm. Dvorak Mass in D @D_O_ 7 days ago
Osbornes Law Osbornes Law @osborneslawyers RT @HeadwayELondon: Good to see this being discussed more openly! We have a 100% success rate in reinstating benefits at tribunals for our… 1 week ago
Osbornes Law Osbornes Law @osborneslawyers Happy #InternationalWomensDay 2019 from @osborneslawyers - celebrating all our wonderful women at Osbornes Law. https://t.co/xMNxrXNJwo 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @london_cycling: Westminster's plan for how thousands of cyclists will move through their new proposals for Strand/Aldwych are convolute… 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @denisenottm: Loving my @osborneslawyers and meeting so many inspirational women https://t.co/JCRys14zPL 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers Very much looking forward to lunch later on. https://t.co/s8LEpAdpe1 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @nsam91: Carb-loading on pancakes and nutella for the #BigHalf with @AvMAuk and @osborneslawyers on Sunday Please sponsor me and AvMA h… 3 weeks ago
Osbornes Law Osbornes Law @osborneslawyers Parenting event @BurghHouse1704 starting shortly @osborneslawyers https://t.co/QQxiqWClsc 3 weeks ago
Osbornes Law Osbornes Law @osborneslawyers @osborneslawyers looking forward to welcoming all this eve at our Parenting event @BurghHouse1704.… https://t.co/ZpcqCY2DtU 3 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @Mitchell_Labiak: Get your popcorn. EMA v Canary Wharf is going to the Court of Appeal. Comment from Frances Richardson from @Linklater 3 weeks ago

Introducing Your Wills, Probate & Disputed Estates Legal Team

Osbornes has an experienced team of specialist wills-probate-disputed-estates lawyers to assist with your case / situation

arrow pointing up

Camden

Livery House, 9 Pratt Street, London NW1 0AE
Tel: 020 7485 8811 Fax: 020 7485 5660
DX Number 57053 Camden Town

Hampstead

28A Hampstead High Street, Hampstead, NW3 1QA
Tel: 020 7485 8811 Fax: 020 7485 5660

Contact a Lawyer

Enter your details below to receive a call from Osbornes:


Trustpilot

Speak To A Lawyer

Speak To A Lawyer

Speak

To a

Lawyer