Intestacy

There are specific rules where there is no will (intestacy).

The first rules below apply to marriage – not to pacs / civil partners or to partners with no official legal link to the deceased (a will must be made if they are to inherit).

If there are children from the marriage, the spouse can opt to receive either one quarter of the estate absolutely or to have the whole estate as usufruit.

Where there are children, the children may ask that the usufruit be converted into a lifetime income or capital sum of equivalent value (if the parent refuses this, then a court will rule).

Where the deceased had children from a previous marriage, the survivor has only the automatic right to a quarter share of the estate absolutely.

Where the deceased leaves parents but no children the inheritance is shared, half to the survivor and half to the parents.

If there is only one parent, a quarter goes to them, the rest to the spouse.

If there is no will and neither children, grandchildren nor parents then the surviving spouse has the right to everything.

Subject to the above rules and, if the person does not have a living spouse, in the absence of a will the people to whom the estate could go are as follows, with each category of person inheriting everything if they are present:

- Children, grandchildren (the latter where a child/children has/have died), or great-grandchildren.

- Parents and brothers and sisters (or their children or grandchildren if they have died).

- Aunts and uncles, then cousins. The estate is divided in equal parts between the father and mother's side of the family.

...and should there not be any, then the estate goes to the state.