Keith Mack
Succession law in the UK encompasses both the line of succession to the British throne and the rules of succession for individuals' estates. The line of succession to the throne is governed by a combination of descent, Parliamentary statute, and historical acts such as the Bill of Rights and the Act of Settlement. The rules of succession for individuals' estates, on the other hand, are outlined in legislation like the Law Reform (Succession) Act 1995 and the Administration of Estates Act 1925, which determine how property and assets are distributed among heirs or the state in the event of an individual's death.
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What You'll Learn
Succession to the British throne
The succession to the British throne is determined by descent, sex, legitimacy, and religion. The order of succession is the sequence of members of the Royal Family in the order in which they stand in line to the throne. The basis for the succession was determined in the constitutional developments of the 17th century, which culminated in the Bill of Rights (1689) and the Act of Settlement (1701). The Act of Settlement confirmed that it was for Parliament to determine the title to the throne.
The Bill of Rights first required the sovereign to make a public declaration of non-belief in Roman Catholicism. This declaration, known as the Accession Declaration, is required to be taken either at the first meeting of parliament of their reign or at their coronation, whichever occurs first. The Bill of Rights and the Act of Settlement also laid down various conditions that the sovereign must meet. A Roman Catholic is specifically excluded from succession to the throne. The sovereign must, in addition, be in communion with the Church of England and must swear to preserve the established Church of England and the established Church of Scotland. The sovereign must also promise to uphold the Protestant succession.
Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The line of succession was governed by the common law rule of primogeniture until the 14th century, when Parliament first began to legislate on the subject. The Act of Settlement 1701 provides that Protestant "heirs of the body" (that is, legitimate descendants) of Sophia, Electress of Hanover, are eligible to succeed to the throne, unless otherwise disqualified. The meaning of "heir of the body" is determined by the common law rules of male-preference primogeniture.
The Succession to the Crown Act 2013 altered the laws of succession to the British throne in accordance with the 2011 Perth Agreement. The act replaced male-preference primogeniture with absolute primogeniture for those in the line of succession born after 28 October 2011, which means the eldest child, regardless of gender, precedes any siblings. The act also repealed the Royal Marriages Act 1772, ending the disqualification of a person who married a Roman Catholic from succession. The act came into force on 26 March 2015, at the same time as the other Commonwealth realms implemented the Perth Agreement in their own laws.
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Inheritance laws for married couples
Marriage in the UK is a legal status that brings with it a range of rights and responsibilities. These include property ownership, financial support, decision-making, and inheritance. Understanding these legal rights is essential, especially in the case of the death of a partner.
If one spouse dies, the surviving partner is usually entitled to inherit a share of the estate, even without a will. This is because, under UK law, marriage grants spouses certain rights to each other's property and assets. However, the exact share depends on whether the deceased left a will and how the intestacy rules apply. These rules dictate who inherits what when there is no valid will, and they treat married couples differently from unmarried partners. For example, if a married couple jointly owns their home, the surviving partner will automatically inherit the whole property, which does not count as part of the deceased's estate.
In the case of intestacy, if the estate is valued at more than £322,000, it is typically divided between the partner and the children, with the partner inheriting all personal property and belongings. If there are multiple children, the remaining half of the estate is divided equally between them. On the other hand, if the estate is valued at £322,000 or less, the children do not inherit, and the entire estate goes to the partner.
Inheritance laws also apply to civil partnerships, which offer similar protections to marriage. Additionally, there are tax implications to consider when inheriting property or assets. Generally, inheritances are considered non-matrimonial property and are not automatically included in the division of marital assets during a divorce. However, if the inheritance was mingled with marital assets or used for the family's benefit, it may be considered a matrimonial asset and included in the division.
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Inheritance laws for those without a will
The rules of inheritance in the UK can be complicated, and it is always recommended to seek legal advice. Here is an overview of the general rules of inheritance for those without a will (also known as the rules of intestacy).
Married or Civil Partners
If a person dies without a will, their married or civil partner will inherit under the rules of intestacy. This includes couples who were separated but still legally married or in a civil partnership at the time of death. If the couple owned property as beneficial joint tenants, the surviving partner will automatically inherit the other partner's share of the property. However, if they were tenants in common, the surviving partner does not automatically inherit the other's share. Additionally, the surviving partner will inherit all the personal property and belongings of the deceased if the estate is valued at £322,000 or less.
Children
If the estate is valued at more than £322,000, the inheritance is divided between the partner and the children, with the children inheriting half of the remaining estate in equal shares. If a child of the deceased has died before the intestate, their children (the grandchildren of the deceased) will inherit their parent's share.
Parents and Other Relatives
If the deceased has no living married/civil partner or children, the estate passes to their parents in equal shares if both are alive, or solely to the surviving parent. If there are no living parents, aunts and uncles may inherit, and if there are none, the estate passes to the Crown, Duchy of Lancaster, or Duke of Cornwall, which is called 'bona vacantia'.
It is important to note that cohabitants, or 'common-law spouses', are not recognized under the rules of intestacy. However, they may qualify as dependents and make a claim for provision under the Inheritance (Provision for Family and Dependents) 1975 (IPFDA).
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The Law Reform (Succession) Act 1995
This Act came into effect on the 1st of January 1996, repealing certain sections of the Wills Act 1837. The Law Reform (Succession) Act 1995 also made amendments to the Administration of Estates Act 1925, specifically in the area of succession on intestacy.
In the case where an intestate's spouse survives the intestate but passes away within 28 days of the intestate's death, the Act stipulates that it will be treated as if the spouse had not survived the intestate. This has significant implications for the distribution of the estate.
Additionally, the Law Reform (Succession) Act 1995 nullified specific provisions of the 1925 Act, including certain payments made by an intestate and certain interests acquired under the will of an intestate. These provisions were outlined in detail within the Act and served to streamline the process of estate administration and succession.
Overall, the Law Reform (Succession) Act 1995 sought to clarify and update the laws surrounding succession, ensuring a more efficient and equitable distribution of estates for those who pass away.
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Royal succession and religion
The British throne is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". The Act of Settlement 1701 provides that Protestant "heirs of the body" (that is, legitimate descendants) of Sophia, Electress of Hanover, are eligible to succeed to the throne, unless otherwise disqualified.
The Bill of Rights of 1689 first required the sovereign to make a public declaration of non-belief in Roman Catholicism. This declaration, known as the Accession Declaration, is required to be taken either at the first meeting of parliament of their reign (i.e. during the State Opening of Parliament) or at their coronation, whichever occurs first. The wording of the declaration was changed in 1910 as the previous wording was deemed to be overly anti-Catholic. Rather than denouncing Roman Catholicism, the sovereign now declares themselves to be a Protestant and that they will "uphold and maintain" the Protestant succession.
In addition to the Accession Declaration, the new sovereign is required by the Acts of Union 1707 to make an oath to "maintain and preserve" the Church of Scotland. The sovereign is also the Supreme Governor of the Church of England.
The Succession to the Crown Act 2013 amended the provisions of the Bill of Rights and the Act of Settlement to end the system of male primogeniture, under which a younger son can displace an elder daughter in the line of succession. The Act applies to those born after 28 October 2011. The Act also ended the provisions by which those who marry Roman Catholics are disqualified from the line of succession. However, a Roman Catholic royal still cannot become the monarch.
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Frequently asked questions
Succession law in the UK refers to the rules and regulations that govern the transfer of property, assets, and titles after an individual's death. It includes both testate succession, where there is a valid will, and intestate succession, where there is no will.
The Law Reform (Succession) Act 1995 is a piece of legislation that amends the law regarding the distribution of estates of deceased persons. It also addresses the impact of marriage dissolution or annulment on wills and appointments of guardians.
Succession to the British throne is governed by a combination of descent, Parliamentary statute, and historical acts such as the Bill of Rights (1689) and the Act of Settlement (1701). The Succession to the Crown Act (2013) amended these acts to remove gender discrimination and provisions related to marrying Roman Catholics.
Yes, in England and Wales, there are two types of property ownership: beneficial joint tenancies and tenancies in common. In a beneficial joint tenancy, the surviving partner automatically inherits the deceased partner's share. In a tenancy in common, each co-owner has a fixed share, and succession is determined by their will or intestacy rules.
Under the rules of intestacy, married partners, civil partners, and certain relatives can typically inherit. The specific relatives and the distribution of the estate depend on the value of the estate. If there are no surviving relatives, the estate passes to the Crown, known as 'bona vacantia'.
