Intestate Rules for England and Wales

If someone dies Intestate – without a Will.

Thanks for your last tip re getting someone who ‘alleges’ to ownership of something, loaned to the person who has just died, supplying proof.

Can you email me –as indicated in your “what to do when someone dies” your brief guide to the Rules or ‘pecking order’ as I believe you call Intestacy. The reason I ask is my brother has raised a question I am not able definitely to answer. The brother in question (i.e not the one who has died intestate) is a bachelor- no wife or offspring, dependants of any kind -no parents, Grandparents nor Uncles and Aunts. He is in his eighties and will be one of the beneficiaries of his younger brother (i.e the one who did pass on without making any will). He would like to know what happens to his ‘share’ from the estate of the younger brother, if he also suddenly died. Would that ‘share’ from the younger brother, still pass to the older brother’s estate (because the older brother HAS made a will) or would it revert to the remaining “original” beneficiaries, now less one of course, warranting an even bigger share for those who remain.

Many thanks again for your help and best regards.

Probate Answer on Intestacy

When someone dies intestate, the Rules of Intestacy fix the shares of any beneficiaries under intestacy at the date of death.  Therefore, if the younger died one day, the relevant share would belong to the older for tax and distribution purposes even if he died the next day.

Whilst the beneficiary is still alive, a deed of variation can be written (if he so wishes) to pass the share to other people if he doesn’t wish to inherit. Is your legal Planning up to speed – see attached!


Intestate Rules for England and Wales