Intestacy Rules Flowchart

1. Testator has died without
a Will
Was the testator married
or in a registered civil
partnership?
Has the spouse or civil
partner survived by 28
days?
No
Have any children or their
issue survived?
YesNo
Shared equally
between children
or their issue
perstirpes
Yes
Has any parent survived?
Everything shared
equally between
them or to the
survivor
No
Yes
Is the net estate worth
more than £270,000?
Everything goes to
spouse or civil
partner
Have any brothers and
sisters of the whole blood
or their issue survived?
Everything shared
equally between
them or to their issue
per stirpes
No
Yes
Have children or other
issue survived?
Spouse or civil
partner gets personal
chattels and
£270,000 and an
absolute interest in
one half of the
residue. Children or
issue get the other
half of residue on the
statutory trusts
Yes
No
Yes
Yes
No
Everything goes to
spouse or civil
partner
Have any brothers and
sisters of the half blood
or their issue survived?
Everything shared
equally between
them or to their
issue per stirpes
No
Yes
Has any grandparent
survived?
Yes
Shared equally
between them or
the survivor
No
Have any aunts or uncles
of the whole blood or
their issue survived?
No
Everything shared
equally between
them or to their
issue per stirpes
Yes
Have any aunts or uncles
of the half blood or their
issue survived?
No
Everything shared
equally between
them or to their
issue per stirpes
Yes
No Everything goes to
the crown
Total Intestacy