Q&As

If a person is adopted, are they able to inherit from their biological parents' estate under the intestacy rules where their biological parent has died without leaving a Will?

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Published by a ³ÉÈËÓ°Òô Private Client expert
Published on: 24 November 2016
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If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:

  1. •

    all the movable property of the deceased wherever situated, provided the intestate was domiciled in England and Wales, and

  2. •

    all immovable property of the deceased in England or Wales, whether the deceased was domiciled here or elsewhere

The succession to a deceased person’s residuary estate on intestacy depends on the value of the estate and on the classes of family relations who have survived the deceased. Where the spouse or civil partner of the deceased survived, then he or she will receive the statutory legacy (of £250,000 where the deceased also left ‘issue’). AEA 1925, s 46 sets out the order of entitlement and provides that the deceased’s issue will either share one half of the residue with the surviving spouse or civil partner

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Intestacy definition
What does Intestacy mean?

An intestacy arises where a person dies without legally bequeathing his property.

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