Law of Intestacy in England & Wales and Scotland

If you die without a valid Will in place the law of intestacy of the country in which you are domiciled will determine how your assets are distributed amongst your beneficiaries. The government has effectively written a default Will for you if you do not write a Will yourself.

Law of Intestacy in England & Wales

If a person domiciled in England or Wales died on or after 26th July 2023 without a valid Will in place then the surviving spouse or civil partner gets:

• up to £322,000 in assets, and half of the remaining estate
• all of the personal possessions of the deceased
• the children of the deceased are entitled to a share of the half of the estate above £322,000
• If any of the children died before the deceased, their children (grandchildren of the deceased) will inherit in their place.

Law of Intestacy in Scotland

If a person domiciled in Scotland died without a valid Will in place then the surviving spouse or civil partner gets:

• the house up to a value of £473,000. They’ll get a lump sum of £473,000 if the house is worth more, and may have to sell off the property.
• plus the furniture and moveable household goods up to the value of £29,000
• plus up to £50,000 in cash
• plus a third of the rest of the estate
• The children will get two-thirds of the remaining estate.
• If a son or daughter has already died, their children (the grandchildren of the deceased) will inherit in their place.

This is how your estate would be distributed if you do not write an Islamic Will.