Jurisdiction(s):
United Kingdom
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Key definition
Intestacy definition

What does Intestacy mean? Intestacy describes the situation where a person dies without a valid will disposing of all their estate (a total or partial intestacy). The estate is then distributed under statutory intestate succession rules rather than by the deceased’s expressed wishes. Across England and Wales, Scotland, Northern Ireland and Ireland, intestacy is governed by legislation rather than case law, though terminology and order of entitlement differ. In England and Wales and Northern Ireland, the probate court issues a grant of letters of administration to an administrator, and distribution follows a fixed statutory order (typically prioritising a surviving spouse or civil...

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Deed of variation inserting notional Will on intestacy by statutory beneficiaries, with optional administrators’ undertaking and IHTA 1984 s142/TCGA 1992 s62 reading back (England and Wales)

Precedents
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Parties

THIS DEED is executed on [ date ]

  1. 1 [ Insert names of statutory beneficiaries entitled on intestacy ] of [ insert addresses of statutory beneficiaries entitled on intestacy ] (the Statutory Beneficiaries )
  2. 2 [ Insert names of administrators ] of [ insert addresses of administrators ] (the Administrators )

BACKGROUND

(A) [ Insert name of deceased ] (the Deceased ) died intestate upon [ insert date of death ] survived by the Statutory Beneficiaries who constitute the Deceased’s [ [ [ surviving spouse OR civil partner ] ] AND [ [ insert details of surviving relatives who are entitled on intestacy ] all of full age ] ] ...

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Web page updated on 22/05/2026

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