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Wills and intestacy

Who Inherits if There is No Will?

When someone dies without a valid Will, the Rules of Intestacy determine who inherits the estate. These rules apply automatically and follow a strict priority order.

The inheritance priority order

  • A surviving spouse or civil partner: receives all personal possessions, the first £322,000 (£270,000 if the death was before 26 July 2023), and half of anything above that. Children share the other half.
  • Children inherit equally if there is no surviving spouse or civil partner. If a child has predeceased, their children take their share.
  • If there is no spouse, civil partner, or children: parents, then siblings, then other relatives in a defined order.
  • If no eligible relative is found: the estate passes to the Crown as bona vacantia.

Who does not automatically inherit

Unmarried partners have no automatic entitlement, however long the relationship. Neither do stepchildren (unless adopted), friends, carers, or charities. An unmarried partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires Court proceedings and specialist legal advice.

YouCanDoProbate’s Intestacy Walkthrough works through the applicable Rules of Intestacy for your specific family circumstances and confirms who is entitled to what.

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This was money well spent made life so…

This was money well spent made life so much easier and prevented any time being wasted by not sending all relevant documents and having to re submit.

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I would highly recommend…

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Easy and very cheap DIY probate with…

Easy and very cheap DIY probate with full money back guarantee

caba sinko
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90 years old Computer Dummy & Dyslectic

Being 90 years old found the prospect of applying for probate extremely daunting, the registrar of deaths told me to approach the “Bereavement Support Group” who in turn informed me of the web site to down load forms from, this I achieved (all 22pages), and commenced to fill in the answers required, got stuck on one question but the system would then not let me to advance to stage 2 until all was 100% on stage 1. Then phoned “You Can Do Probate” and a gentleman then proceeded to not only help with the unanswered question in Stage.1 but over the next two hours took me thro all the other stages, after which he told me to read very carefully thro the answers for any typo’s or anything not to my liking and to phone him (Giving me his personal phone no) if so. there was one item I was not happy with so made contact again, and he then very carefully took me thro the procedure to make these changes (could never achieved by myself) Then on the 24th July mailed all pages to the Probate Service and on the 14th August received my Probate Certificates Wunderbar

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It has been a real game-changer streamlined the process and lifted the burden of endless paperwork. It’s straightforward and took away so much stress from dealing with probate during a difficult time. Huge shout out to Tom for his patience and clear guidance; he made everything feel manageable and approachable. Honestly, I couldn’t imagine going through this without their support. We were quoted around £6,000 from lawyers! The Probate Office needs to help us out more by referring everyone to this site!

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Additional costs: The probate registry fee of £526 (for all estates over £5,000) and any additional official copies at £2 each. (Payable directly to HM Courts and Tribunals Service by cheque or postal order, enclosed with your application forms).
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© YouCanDoProbate • YouCanDoProbate is a trading name of Kabing Ltd.
YouCanDoProbate is an online platform providing legal forms and information. YouCanDoProbate is not a law firm and is not regulated by the Solicitors Regulation Authority (SRA). Our online probate and inheritance tax service is an online platform providing probate and inheritance tax forms and information to allow you to complete inheritance tax returns and apply for probate yourself. Our telephone, email and livechat support provides guidance only, we do not provide bespoke advice, including estate planning or tax advice and it is not a substitute for a lawyer’s advice about complex estate planning or tax issues.
© Kabing Ltd | All Rights Reserved. Company number 12125399.

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