Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

Intestacy

  • Call us now on 01425 278866
    • Kiteleys Canford Cliffs 01202 708634
    • Kiteleys Highcliffe 01425 278866
    • Kiteleys Southampton 02380 909091
    • Kiteleys Wimborne 01202 849242
    • Kiteleys Ferndown 01202 875646
    • Kiteleys West Moors 01202 863933
    • Kiteleys Boscombe 01202 393506

According to the Office for National Statistics about 60% of the population in England and Wales die without having made a Will. As a result, instead of their assets going to those people who they want it to, the law determines who their beneficiaries are. It is for this reason that we would always recommend making a Will, even if your estate is relatively small.

However, if someone has died without leaving a Will (known as “intestacy”), we can advise you on how the estate should be divided.

The relatives of the person who has died, who may benefit on intestacy are as follows:-

  1. Spouse or civil partner
  2. Children (or if a child has already died their children or remoter issue)
  3. Parent(s)
  4. Brother(s) or sister(s) (or if any of them have died their children or remoter issue)
  5. Half brother(s) or half sister(s) (or if any of them have died their children or remoter issue)
  6. Grandparent(s);
  7. Uncle(s) or aunt(s) (or if any of them have died their children or remoter issue)
  8. Half Uncle(s) or aunt(s) (or if any of them have died their children or remoter issue)

The question of who takes what depends upon the size of the estate and which if any of the above group of relatives are living at the time of the death.

Where there is a surviving spouse or civil partner:-

  1. If there are no children the spouse or civil partner takes the whole of the estate.
  2. If there are children, the spouse or civil partner takes the deceased person’s personal possessions (including any car they may own), a fixed sum of £250,000 and one half of the balance of the estate. The other half of the estate will pass to the children straightaway, or on attaining the age of 18.

Where there is no surviving spouse or civil partner:-

  1. If there are children the estate passes to them.
  2. If there are no children or remoter issue, but there are relatives in any of categories 3 to 8 above then those relatives take the estate in that order, nobody being able to take if there is a qualifying person in a higher category. Thus parents would take to the exclusion of any siblings and so on.
  3. Where there is no surviving spouse or civil partner, no children or remoter issue and no relative in any of the above categories, the estate will pass to the Crown or to the Duchy of Lancaster or to the Duke of Cornwall for the time being, as bona vacantia i.e. it will go the Government, something most people would like to try and avoid!
  • Christine Jones

    Christine Jones
    Chartered Legal Executive

  • Emily Jordan

    Emily Jordan
    Solicitor

  • Andrea Rohr

    Andrea Rohr
    Consultant Solicitor

  • Roger Turner

    Roger Turner
    Consultant Solicitor

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Talk to one of our solicitors

At Kiteleys we are always happy to help. We believe that the law should be easily accessible, so if you have any questions for our Private Client team please don’t hesitate to get in touch.
Call us on 01425 278866 or enquire online.

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Kiteleys Solicitors. 40 Haven Road, Canford Cliffs, Poole, Dorset. BH13 7LP. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.