Under rules on property passing intestate, if there is a surviving spouse with no children, what portion does the spouse receive?

Under rules on property passing intestate, if there is a surviving spouse with no children, what portion does the spouse receive?

• A. Spouse and children split half
• B. Spouse receives £322,000 plus personal chattels
• C. Spouse receives one quarter
• D. Spouse takes the whole estate

Answer: (D)

When someone dies without a will, the rules of intestacy decide who inherits. If there is a surviving spouse and no children (no issue), the entire estate passes to the spouse, after debts and funeral expenses are settled. There’s nothing to share with descendants, so the spouse receives everything. This contrasts with scenarios where there are children, where the spouse would get a fixed legacy or a life interest plus the rest going to the children. So the outcome in this situation—surviving spouse taking the whole estate—is the correct application of the intestacy rules.

When someone dies without a will, the rules of intestacy decide who inherits. If there is a surviving spouse and no children (no issue), the entire estate passes to the spouse, after debts and funeral expenses are settled. There’s nothing to share with descendants, so the spouse receives everything. This contrasts with scenarios where there are children, where the spouse would get a fixed legacy or a life interest plus the rest going to the children. So the outcome in this situation—surviving spouse taking the whole estate—is the correct application of the intestacy rules.