1.6 Wills - Intestacy

Question 1

What are the types of intestacy?

Answer 1

Total intestacy

• NO will
• Will NOT valid
• Revoked will

Partial will

• Valid will BUT NOT dispose whole estate
• UNLESS valid residuary gift
• UNLESS substitution gift of residue (principal residuary gifts fail for any reason)

Question 2

Who is a spouse/civil partner?

Answer 2

Living/NOT living together

Same/Opposite sex spouses

NOT divorced spouse

NOT dissolved civil partner

NOT cohabitee

Question 3

How may an estate pass to a spouse/civil partner with issues?

Answer 3

Estate < £270k => Spouse/Civil partner (surviving)

• Married at T’s death
• Survive intestate by 28 days

Estate > £270k => Spouse/Civil partner (surviving)

1) 50% residue
2) £270k statutory legacy + interest (since death)
3) Personal chattels
- Non-business tangible moveable property

Estate > £270k => Issues (surviving) (18yo/married before 18yo at T’s death)
- 50% residue (on statutory trust)

Question 4

How may an estate pass to a spouse/civil partner with no issues?

Answer 4

Estate (100%) > Spouse/Civil partner (surviving)

Question 5

How may an estate pass with no surviving spouse?

Answer 5

Estate (equally) => Surviving issues

• Children (legitimate/illegitimate/adopted children)
• Remoter descendants
• NOT stepchildren
• NOT natural child adopted by another

NO surviving issues => Estates passes to (in descending order);

1) T’s parents (surviving)
2) T’s siblings (full blood)
3) T’s siblings (half blood)
4) T’s grandparents
5) T’s uncles/aunts (full blood)
6) T’s uncles/aunts (half blood)
7) Crown Duchy of Lancaster/Duke of Cornwall

Question 6

How may Testator’s matrimonial home be appropriated?

Answer 6

If T solely owned home => 100% goes to Estate
- Spouse can purchase home > Special right (Schedule 2 AEA)

If T + spouse jointly owned home (TiC) => T’s share goes to Estate
- Spouse can purchase home > Special right (Schedule 2 AEA)

If T + spouse jointly owned home (JT) => T’s share goes to Spouse (right of survivorship)

Question 7

What is a statutory trust (s. 47 AEA)?

Answer 7

Estate > All children > Issues

• Equally (per stirpes/by branch > each family branch receives share due to ancestor)
• Living at T’s death
• Conceived (NOT born) at T’s death (en ventre sa mere)
• Contingent on Ben living at T’s death > Getting married/reaching 18yo

Remainder (NOT disposed by will) => PRs (trust for sale) => Proceeds + Intestate used to pay off;
- Funeral/Testamentary/Admin expenses, debts and liabilities

Remainder (pecuniary legacies) => Residuary estate