Homepage

Back to our homepage

How can we help?

What we offer

Why choose us?

Products and Services

Wills

Inheritance Planning

Executorship

Power of Attorney

Trusts

Probate Valuation

Estate Administration

Support

Glossary

Contact Us

Frequent Questions

Brochures

Rules of Intestacy: married couples and civil partners

If you’re domiciled in England or Wales when you die, the flow-chart below shows where your assets will end up.

Notes

1. Members of younger generations are also entitled to inherit their parent's share if the parent has already died.
2. This flow-chart applies only to people domiciled in England or Wales at time of death. It is intended as a brief guide, not a definitive summary of intestacy law. For example, it does not cover half-blood relationships, although intestacy rules do cover them. It is based on our understanding of the law at May 2006, but neither Barclays Bank Trust Company Limited, nor its representatives, accept responsibility for any reliance which may be placed upon it.
3. The term 'children' includes illegitimate and adopted children but not step-children (unless legally adopted).
4. "Personal chattels" is defined in law and generally speaking means personal items such as cars, jewellery and other household goods. It does not include, for example, houses, land, bank accounts, investments or businesses.
5. Joint property generally passes to the surviving joint holder, independently of the intestacy rules, but this is not always the case.

Are you married or in a civil partnership?
Yes     Is your personal estate worth more than £125,000? No Your husband/wife or civil partner inherits everything.  Yes     Do you have children? Yes Your husband/wife or civil partner inherits the first £125,000 plus personal chattels and a life interest (income only) in half what's left. The remaining half is divided equally between the children when they reach 18 or if they marry before then. Children also inherit what's left of the estate when the surviving spouse or civil partner dies. See note 1 above. No   Do you have any parents, brothers, sisters, nephews or nieces living? Yes Your husband/wife or civil partner inherits the first £200,000 plus personal chattels and half what's left. The rest goes to your surviving parents, otherwise, to your brothers and sisters (if not alive then to nephews/nieces). See note 1 above. No   Your husband/wife or civil partner inherits everything.

* Lines are open Monday to Friday, 9am – 5pm.
Calls may be monitored or recorded.