Frequently Asked Questions: The First 48 Hours

A: The law follows a strict hierarchy: Spouse/Civil Partner: Inherits everything if there are no children. Spouse + Children: The spouse gets the first £322,000, all personal belongings, and 50% of the remainder. The children share the other 50%. Children only: Inherit the entire estate in equal shares. Parents, Siblings, or other relatives: Only inherit if there is no surviving spouse or children.

A: Under current UK Intestacy Rules, unmarried partners (cohabitees) have no automatic right to inherit anything, regardless of how long they lived together. You may need to seek legal advice regarding a claim under the Inheritance Act 1975 for financial provision.

A: Yes. For a spouse or civil partner to inherit under intestacy, they must survive the deceased by at least 28 days. If they pass away within this window, they are treated as if they did not survive the deceased, and the estate passes to the next class of relatives.

A: No. Only biological children and legally adopted children inherit under intestacy. Step-children and foster children are excluded unless they were formally adopted by the deceased.

A: Instead of an "Executor," the court appoints an "Administrator" via a Grant of Letters of Administration. The person with the highest priority to inherit (usually the spouse or adult child) is typically the one who must apply for this authority.