TSEM7864 - Deceased persons: intestacy: Northern Ireland - surviving spouse or civil partner

The rules of intestacy govern what happens to an estate if someone dies without leaving a valid will. The estate would be divided according to a fixed set of rules which could be contrary to the intentions of the deceased.

If the deceased was married (or in aÌýcivil partnership), and irrespective of the estate value, there are no children, parents, brothers and sisters, the spouse gets everything.

For an estate worth more than £250,000 where there are children, the spouse or civil partner would receive:

  • Household contents and personal effects ("the personal chattels")
  • First £250,000 (a fixed sum see (a) of TSEM7866), Ìýfree of inheritance tax and costs, with interest from the date of death (at a rate of six per cent per annum from the date of death)
  • Half of the balance of the estate
  • Other half shared with children
    • If one child, half the remainder or
    • If more than one child, one third of the remainder, children get the rest.

If there is no children but living parents, the spouse/civil partner receives

  • Household contents and personal effects ("the personal chattels")
  • First £450,000 ( a fixed sum see (b) ofÌýTSEM7866),Ìý
  • Half of the balance of the estate
  • Other half shared between parents

If there are no children or living parents but brothers and/or sisters, the spouse/civil partner receives

  • Household contents and personal effects ("the personal chattels")
  • First £450,000 (a fixed sum see (b) of TSEM7866)
  • Half of the balance of the estate
  • Other half shared between brothers and sisters.