IHTM12121 - Succession: intestacy: distributions (England & Wales): surviving spouse or civil partner
»Ê¹ÚÌåÓýapp surviving spouse or civil partner’s (IHTM11032) entitlement under an intestacy depends on what other surviving relatives the deceased had at the time of death. »Ê¹ÚÌåÓýappse rules were amended for deaths on or after 1 October 2014 by the Inheritance and Trusteesâ€� Powers Act 2014. »Ê¹ÚÌåÓýapp distribution rules if the deceased dies leaving a surviving spouse or civil partner are:
For deaths on or after 1 October 2014
Without issue
»Ê¹ÚÌåÓýapp surviving spouse or civil partner takes the whole intestate estate.
With issue (children, grandchildren and remoter descendants)
»Ê¹ÚÌåÓýapp surviving spouse or civil partner takes the personal chattels, a fixed net sum (statutory legacy) as set out at IHTM12122 and an absolute interest in half of the residue. »Ê¹ÚÌåÓýapp other half of the residue is left on statutory trusts for the issue.
For deaths before 1 October 2014
Without issue, parent brother sister or issue of brother or sister
»Ê¹ÚÌåÓýapp surviving spouse or civil partner takes the whole estate
With issue (children, grandchildren and remoter descendants)
»Ê¹ÚÌåÓýapp surviving spouse or civil partner takes the personal chattels, the statutory legacy that applies if there is issue (IHTM12122), (column 1) and a life interest in half the residue
Without issue but with parents brother or sister or issue of brother or sister
»Ê¹ÚÌåÓýapp surviving spouse or civil partner takes the personal chattels, the statutory legacy that applies if the deceased dies without issue (IHTM12122), (column 2) and a half share of residue absolutely.
Lump sum
Under Administration of Estates Act 1925/S47A the surviving spouse or civil partner may opt to receive a lump sum (IHTM35190) rather than a life interest.