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Who are entitled relatives?

Not all blood relatives who have survived a deceased person have an entitlement. If there is not a valid will to the contrary, the deceased's spouse or civil partner and then any children would have first claim to the estate. If a marriage has ended in divorce, the ex-spouse is not legally entitled. However, the divorce would not affect the rights of any children.

If there is no living spouse or child, a general rule is that anyone descended from a grandparent of the deceased would be entitled to share in the estate. If you are related by marriage (if the deceased person was your step-father, mother-in-law, brother-in-law or sister-in-law, although your children might be entitled in the latter case) then you have no legal entitlement to share in that person's estate.

Are stepbrothers or stepsisters entitled?

The relationship of a half-brother and a stepbrother (or stepsister) can sometimes become confused. A half-brother or half-sister shares a common parent with the deceased person (the parent has married twice and has produced a child of each marriage) and is entitled to share in the estate. A step-brother does not share a common parent with the deceased (one of the deceased's parents has married someone who already has a child) and is not entitled in the estate.

A similar confusion arises with the distinction between a first cousin once removed (entitled) to share in the estate and a second cousin (not entitled) to share in the estate.

What about adopted children or a deceased person who has been adopted?

Anyone legally adopted under the Adoption of Children Act 1925 (or subsequent Acts) has the same rights as if he or she had been born into their adoptive family. They do not retain any rights of the family into which they were originally born. Similarly, if a deceased person was adopted then only their adoptive family have these same rights to his or her estate, if there is no will. Legal adoptions have been possible since January 1927.

Unsure of whether you are an entitled relative or not?

To help you, the Treasury Solicitor has drawn up a family tree. Use the family tree PDF link below for more information. Entitled relatives are shown in bold and the non-entitled relatives in standard letters.

• Download Family tree showing who is an entitled relative (PDF, 35K)