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What Happens on Intestacy?

The Inheritance and Trustees’ Powers Act came into force in late 2014. It changes intestacy law in England and Wales to allow a deceased's estate to pass to their widow, widower or civil partner absolutely where there are no children.

The intestacy rules can be complex, but. If there is a husband, wife or civil partner, and children, then the spouse/partner gets all the personal possessions and half of the estate absolutely and the children of the deceased, including illegitimate and adopted children, share between them half what is left straight away, if they are 18 or over.

The Government has created a straightforward guidance tool to assist executors in understanding the entitlement of relatives to an intestate person's estate.

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