If the deceased died without making a Will the whole of their estate will pass under the rules of intestacy.

If the deceased made a Will but the Will did not effectively dispose of all their estate this will be a partial intestacy (IHTM12128). The property that was not disposed of by the Will passes under the rules of intestacy.

The way in which an estate is distributed will depend on whether the deceased was married or in a civil partnership and which of their relatives are still alive when they die.

Surviving spouse or civil partner

The Inheritance and Trustees' Powers Act 2014, which came into force on 1 October 2014, made amendments to the intestacy rules where the deceased left a surviving spouse or civil partner.

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