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Rules of Succession When a Person Dies Intestate.

When someone dies Intestate, the rules of succession play an important role in the distribution of the estate. Definitions of the word “spouse” and “child” are important.

A “spouse” is someone who is legally married to the deceased even if they are separated. This terminology does not include a person who has been cohabiting with, or the partner of the deceased. It also does not include a divorced husband or wife.

A “child” is a legitimate, illegitimate or an adopted child of the deceased. It does not mean a stepchild.

If there is no spouse, or they do not live more than 28 days after the deceased, then the estate will be distributed to the relatives in the following order:

* The deceased's children, or their children if a child has died before the deceased.

* The deceased's parents.

* The deceased's brothers and sisters, or their children if a brother or sister has died before the deceased.

* The deceased's half-brothers and half-sisters, or their children if a half-brother or half-sister has died before the deceased.

* The deceased's grandparents.

* The deceased's uncles and aunts.

* The deceased's half-uncles and half-aunts.

All classes of relatives other than parents and grandparents take on the statutory trusts. This means that each individual must be 18 or married under 18 to be entitled to inherit. The children of any individual who dies before the intestate person takes the share of their parent.

If there are no living relatives whatsoever, the estate automatically goes to the Crown.

Article by Tracey Aldous