Administration of estates acts provisions.
First, where there is a surviving spouse he or
she takes everything unless the Intestate left certain relatives.
If the Intestate also left issue (that is children, grandchildren
and remoter lineal decedents) the spouse and issue share the estate
provided the issue satisfy the requirements of the statutory trusts.
If the Intestate left no surviving issue, but left a surviving
parent or parents, the parent(s) and the spouse share the estate. The
parent(s) take(s) the property absolutely or in equal shares. If no
parent survives but the Intestate left a living brother or sister of the
whole blood (or other issue) they share the assets with the spouse,
provided that they satisfy the requirements of the statutory trusts.
If the Intestate left no surviving spouse, the
estate is distributed as follows.
To issue on the statutory trusts, but if none then to
Parents absolutely (and equally if both are alive), but if none,
Brothers and sisters of the whole blood (i.e. the children of the
same parents as the deceased) on the statutory trusts, but if none then
Brothers and sisters of half blood, (i.e. those who share one
parent with the deceased) on the statutory trusts, but if none then to
Grandparents absolutely (and equally if both are alive), but if
none, then to
Uncles and aunts of the whole blood i.e. brothers and sisters of
the whole blood of one of the parents of the deceased) on the statutory
trusts, but if none then to
Uncles and aunts of the half blood (i.e. those with one parent in
common with one of the parents of the deceased) on the statutory trusts,
but if none then to
The Crown, Duchy of Lancaster or the Duke of Cornwall as “bona
Section 46(1)(vi) of the administration of estates
act 1925 gives the crown a discretion to make provisions for dependents
of the Intestate whether they are related to the deceased or not.
Similarly the Crown may provide for “other persons for whom the
Intestate might reasonable have been expected to make provision”.
Intestate died resident within the Duchy of Lancashire or in Cornwall,
the Duchy or the Duke of Cornwall respectively take the assets as bona
vacantia subject to the same conditions.
It should be noted that each category must be
considered in the order listed above and only if there is no one in a
particular category is it necessary to consider the next category.
Furthermore since a blood relationship is vital under the intestacy
rules, the spouse of a person within one of these categories has no
right to share in the estate.