Other Considerations When Dealing with Intestacy

Other Considerations When Dealing with Intestacy

There are a number of other factors and considerations to be made when dealing with an intestate matter.

Joint Accounts

Where there are joint bank accounts, these pass automatically by survivorship to the other joint account holder.


If you own a property with another person, it is essential that you know how you hold the property. You can either hold the property as Joint Tenants or Tenants in Common.

Where you hold the property as beneficial joint tenants, when you die, the co-owner who survives will automatically inherit the deceased co-owners share.

If the property is held as tenants in common, the surviving co-owner will not automatically inherit your share. Your share of the property will be passed in line with the Rules of Intestacy.

Separated/Divorced Couples

If you have been married and separated but are not divorced, your spouse/civil partner may still inherit. This would then mean that if you had children together, they may not inherit the estate. However, if you are a separated couple who have received a decree of judicial separation, you would be treated as divorced and as such, the estate would be given following the normal Rules of Intestacy.

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