INDEPENDENT FINANCIAL ADVICE CENTRE
Authorised and Regulated by the Financial Conduct Authority
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Your Home is at risk if you do not keep up any mortgage or payments secured upon it!
You should remember that past performance is not necessarily a guide to the future. Market and currency movements may cause the value of units, and the value derived from them, to fall as well as rise and you may get back less than you invested when you decide to sell your units. The tax treatment of investments and pensions is not guaranteed and may change in the future.
A summary the rules applying to England and Wales is setout below. For an interactive flowchart and the rules that apply to Scotland and Northern Ireland visit HM Revenue and Customs and Excise website by clicking here.
The intestacy rules for England And Wales are as follows:-
If the intestate dies leaving:
Spouse or civil partner surviving 28 days, but no issue, parent(s), brother(s) or sister(s), nephew(s) or niece(s)
Spouse or civil partner takes everything absolutely.
Spouse or civil partner surviving 28 days and issue (see note)
Spouse or civil partner takes personal chattels (car, furniture, pictures, clothing, jewellery, etc).
Plus £250,000 absolutely.
Plus life interest (income only) in one-half of the residue.
Issue takes one-half of the residue on reaching age 18 or marrying below that age.
Plus one-half of the residue on death of spouse or civil partner.
Spouse or civil partner surviving 28 days, no issue but parent(s) or brother(s) or sister(s) or nephew(s) or niece(s)
Spouse or civil partner takes personal chattels.
Plus £450,000 absolutely.
Plus one-half of the residue absolutely.
Parent(s), failing a parent then brothers and sisters (nephews and nieces step into their parent’s shoes if the latter is dead), take one-half of the residue.
No spouse or civil partner, or spouse or civil partner dying within 28 days
Everything is taken by:
Issue; but if none then the grandchildren step into the shoes of their parents; but if none:
Parents; but if none:
Brothers and sisters of the whole blood (nephews and nieces step into their parent’s shoes); but if none:
Brothers and sisters of the half blood (nephews and nieces step into their parent’s shoes); but if none:
Grandparents in equal shares; but if none:
Uncles and aunts of the whole blood (cousins step into their parent’s shoes); but if none:
Uncles and aunts of the half blood; but if none:
All relatives above are described as blood relationships; therefore the wife of an uncle bearing the courtesy title aunt cannot take.
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