What Is a Child Entitled to When a Parent Dies Without a Will?

Losing a parent is a deeply emotional and challenging experience. When a parent passes away without leaving a will, it can create uncertainty about what happens to their estate and what rights their children have. In the UK, intestacy laws determine how assets are distributed when someone dies without a valid will.

Understanding Intestacy Rules in the UK

When a person dies without a will, their estate is distributed according to the rules of intestacy. These laws set out who inherits the deceased’s assets, and unfortunately, not all family members may be entitled to a share.

What Happens If a Parent Dies Without a Will?

If a parent passes away without a will, their estate is divided according to intestacy rules. Here’s how it generally works:

If the Deceased Was Married or in a Civil Partnership

• The spouse or civil partner will inherit all the personal possessions and the first £322,000 of the estate.

• If the estate is worth more than £322,000, any remaining assets are split:

  • The spouse receives half of the remaining assets.

  • The children share the other half equally.

If There Is No Surviving Spouse or Civil Partner

• The entire estate will be divided equally among the deceased’s children.

• If one of the children has already passed away, their share will go to their children (the deceased’s grandchildren).

What Is a Child Entitled To?

Children are entitled to:

• A share of their parent’s estate if there is no surviving spouse or if the estate exceeds £322,000.

• Their share of any remaining estate after the spouse receives their entitlement.

• Inheritance even if they were estranged from the deceased parent.

• The estate being held in trust if they are under 18, with access granted when they reach adulthood.

What About Stepchildren or Foster Children?

Under intestacy laws, stepchildren and foster children do not automatically inherit. However, they may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased.

How Can Children Protect Their Rights?

If a child believes they are entitled to part of a deceased parent’s estate, they should:

1. Seek Legal Advice – A solicitor can help interpret intestacy rules and determine their rights.

2. Check Financial Dependence – If they were financially dependent, they may be able to make a claim for financial provision.

3. Apply for a Grant of Letters of Administration – If no executor is named, someone (often a close relative) must apply to manage the estate.

   
   

Why It’s Important to Make a Will

Dying without a will can create confusion and unintended financial burdens. A will ensures:

• The estate is distributed according to the deceased’s wishes.

• Stepchildren, foster children, and other dependents are provided for.

• Disputes among family members are minimised.

By planning ahead, parents can ensure their children are properly cared for and prevent legal complications after their passing.

If you need guidance on estate planning or have concerns about inheritance rights, Gaunts of Kidderminster is here to offer support and professional advice.

Gaunts of Kidderminster – Compassionate Support When You Need It Most