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Rules of Intestacy

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The rules of intestacy are set out in The Administration of Estates Act 1925, section 46, which provides details of beneficiaries in order of priority. The rules of intestacy in the UK govern how a person's estate is distributed if they die without leaving a valid will and determine who inherits the deceased person's assets, money, and possessions. The rules may vary slightly between countries, so it's essential to consider the specific jurisdiction where the deceased person resided.  Here are the general rules of intestacy for England and Wales:

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Rules of Intestacy in England and Wales:

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Married or Civil Partner with children:

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If the deceased person has a surviving spouse or civil partner and they have children, the spouse or civil partner will inherit the first £322,000 of the estate and all personal belongings.

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Anything above £322,000 is then divided into two parts: half goes to the spouse or civil partner, and the other half is divided equally among the children.

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Married or Civil Partner with no children:

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If the deceased person has a surviving spouse or civil partner but no children, the spouse or civil partner inherits the entire estate.

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Unmarried with children:

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If the deceased person was not married or in a civil partnership but had children, the estate will be divided equally among the children.

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Unmarried with no children:

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If the deceased person was unmarried and had no children, the estate will pass to their parents. If the parents are not alive, it will go to their siblings, or if they have already passed away, it will be divided among their siblings' children (nieces and nephews).

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No surviving relatives:

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If there are no surviving relatives, the estate will pass to the Crown (or government).

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It is important to note that these rules apply only to married or civil partners and blood relatives. Unmarried partners and stepchildren, for example, do not automatically inherit under the rules of intestacy. To ensure that your assets are distributed according to your wishes, it is essential to create a valid will.