In an intestacy, where an adult beneficiary dies before the conclusion of the estate administration, does the inheritance under the intestacy become [deletes] part of the deceased beneficiary’s own estate?

A person dies intestate if they die without a valid will being in place.

The Administration of Estates Act 1925 sets out the statutory order for the distribution of the estate on intestacy.

A persons right to inherit is determined by fixed rules. The estate is divided between the relative(s) in the highest category. A surviving spouse or civil partner has highest priority and there are specific rules which apply if there is a surviving spouse or civil partner.

Where there is no surviving spouse or civil partner or the spouse or civil partner dies within 28 days of the intestate but leaves blood relatives the estate passes as follows;

  1. Issue on statutory trusts
  2. Parents (equally if both alive)
  3. Siblings on the statutory trusts
  4. Half siblings on the statutory trusts
  5. Grandparents – equally if more than one
  6. Uncles and Aunts on the statutory trusts

Once an adult beneficiary has attained a contingent interest they have a right to inherit. This applies if they die before the administration is concluded. The inherited share will then pass in accordance with the terms of the deceased beneficiaries will or intestacy.

A spouse/civil partner will only inherit on intestacy if they survive for 28 days from the intestate death (section 46 (2A) of the Administration of Estates Act 1925).

The share of a minor child who died after the estate but before they turned 18 will fail and fall to be distributed to those in the same class or next class of beneficiary on intestacy.

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