The intestacy rules for married couples change on 1st October 2014.
The intestacy rules govern what happens when someone dies without a Will.
The rule that unmarried partners have no automatic right to a share of their partner’s estate when he/she dies does not change, even if the couple have lived together for years.
If the couple are married the surviving spouse has improved rights:
• If there are no children the surviving spouse or civil partner inherits the whole estate. Under the old rules they only received up to £450,000 and any balance went to the deceased spouse’s parents or siblings.
• If there are children the surviving spouse or civil partner will inherit the first £250,000 and then half of any excess over £250,000. The other half of the excess is held for the deceased’s children. Under the old rules there was a life interest trust for half the surplus over £250,000, which only gave the surviving spouse a right to receive the income from the half share.
• Parents and Siblings. Previously, the parents, or if they had already died the siblings of someone married and childless would have inherited a share of an estate if it was worth more than £450,000. This is no longer the case as the entire sum goes to any surviving spouse. If there is no surviving spouse parents and siblings may still inherit. These rules have not changed.