Research may identify a potential heir, but the relationship and legal position still need to be checked. Being related does not, by itself, establish an entitlement.
Which rules apply?
The applicable rules depend on the date of death and the jurisdiction. Inheritance law has changed over time, so a current summary may not describe an older estate.
The order of entitlement
In England and Wales, the rules give priority to a spouse or civil partner and descendants. Other relatives may qualify where there is nobody entitled in a higher category.
- A spouse or civil partner
- Children and their descendants
- Parents
- Brothers and sisters, and their descendants
- Half-brothers and half-sisters, and their descendants
- Grandparents
- Uncles and aunts, and their descendants
- Half-uncles and half-aunts, and their descendants
A spouse or civil partner may share the estate with children or their descendants. The precise shares depend on the applicable rules and the estate's value. See HMRC's guidance on a surviving spouse or civil partner.
This is a general outline. GOV.UK explains the order of entitlement in more detail. Any inheritance is paid from the estate remaining after its debts, taxes and administration expenses are settled.
Estates in different jurisdictions
Scotland and Northern Ireland have different rules from England and Wales. An estate with overseas assets or a person domiciled abroad may involve more than one country's law.
What this means for you
- A likely family connection requires supporting evidence
- Entitlement depends on the applicable rules and other surviving relatives
- A solicitor can advise on your position in a particular estate
How the Register approaches it
We research family connections and record the evidence for a possible entitlement. Our findings identify what is known and what still requires confirmation.
This article is general information about how inheritance rules work. It is not legal advice and does not describe any particular estate.