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Official guidance
Trusts, Settlements and Estates Manual

TSEM7800 · deceased persons - deceased persons: intestacy

  • TSEM7804 · Deceased persons: intestacy - introduction
  • TSEM7806 · Deceased persons: intestacy - no letters of administration
  • TSEM7808 · Deceased persons: intestacy: general - distribution of estate
  • TSEM7822 · Deceased persons: intestacy: England and Wales - distribution of estate
  • TSEM7826 · Deceased persons: intestacy: England and Wales - surviving spouse or civil partner
  • TSEM7828 · Deceased persons: intestacy: England and Wales - fixed sums
  • TSEM7830 · Deceased persons: intestacy: England and Wales - division of estate
  • TSEM7842 · Deceased persons: intestacy: Scotland - distribution of estate
  • TSEM7843 · Deceased persons: intestacy: Scotland - surviving spouse or civil partner
  • TSEM7844 · Deceased persons: intestacy: Scotland - no surviving spouse or civil partner
  • TSEM7845 · Deceased persons: intestacy: Scotland - division of the estate
  • TSEM7862 · Deceased persons: intestacy: Northern Ireland - distribution of estate
  • TSEM7864 · Deceased persons: intestacy: Northern Ireland - surviving spouse or civil partner
  • TSEM7866 · Deceased persons: intestacy: Northern Ireland - fixed sums
  • TSEM7868 · Deceased persons: intestacy: Northern Ireland - division of estate
  1. deceased persons - deceased persons: intestacy: contents
  2. Deceased persons: intestacy: Scotland - division of the estate

TSEM7845 | Deceased persons: intestacy: Scotland - division of the estate

From HM Revenue & Customs · Trusts, Settlements and Estates Manual

No surviving kin

Where a person dies intestate and without leaving kin entitled to his/her estate, the estate passes to the Crown as ultimus haeres (ultimate heir).

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Definitions

Per capita means by the head

Per stirpes means by descent. It is inherited through their parent and not by their own right.

Where property is divided per capita, it is divided into as many shares as there are children.

Where it is divided per stirpes, the share that would have fallen to the predeceasing parent, if alive, is divided equally among their children.

‘Child’ and ‘children’ include natural children (issue), and a child or children adopted by the deceased, but do not include stepchildren.

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