Chapter 5: Intestacy Rules Flashcards
what is partial intestacy?
where part of the will is invalid so the rules apply to this section - usually in relation to a gift
where might intestacy rules apply?
No will at all
Invalid will (not comply with formalities)
Revoked and no other will is made
Gap in provisions
what happens if an administer of an estate does not follow the rules of intestacy?
risk breach of duty & personal liability.
what is the order of entitlement? (s46 AEA 1925)
Surviving spouse / civil partner (no children/ adopted children)
Children but NO surviving spouse / CP
Surviving spouse and children
NO SURVIVING SPOUSE / CHILD:
Parents in equal shares or if only 1 the whole estate
Full brothers and sisters (stat trust)
Half brothers and sisters (stat trust)
Grandparents in equal shares or if only 1 the whole estate
Whole blood uncles/ aunts (stat trust)
Half blood uncles/ aunts (stat trust)
The crown - bona vacantia
what is the definition of spouse?
married / civil partnership at time of death. NOT divorced/ cohabitating.
separated is ok unless under separation order
what is an ‘issue’?
All descendants
Adopted children
Includes unborn children
Carried by mother but artificial inseminaton e.g IVF
NOT stepchildren or children of stepchildren.
what happens when there is a spouse but no issue?
Spouse receives all the estate.
what happens when there is an issue and no spouse?
Inherit under statutory trusts
Per stripes principle - more than one person then receive equal shares.
what is the exception to the peer stripes principle?
an heir has deceased:
Left NO children - goes to remaining heirs
Children - goes to their children in equal shares.
when do statutory trusts not apply?
parents / grandparents
when a person acquire their full interest under a statutory trust?
must turn 18
what happens when an intestate dies leaving a spouse and issue?
Spouse receives statutory legacy - fixed amount from the estate (currently £322,000 can be from property/ money/ assets).
Spouse received all personal chattels and 50% of residue.
Other 50% goes to issue under stat trust (inc grandchildren).
what happens to the home when someone dies and they leave a spouse?
Ask PR to appropriate under statutory legacy (what a spouse automatically takes from the estate).
Notice must be within 12 months of grant of representation.
what is a personal chattel?
tangible moveable property NOT inc money (cash), securities for money (stocks, bonds, dividends) or property used for business/ investment.
who receives personal chattels on intestacy rules?
automatically pass to spouse
what happens when there is no surviving spouse / issue?
PRs follow order of entitlement.
May need to apply statutory trusts.
when does partial intestacy usually apply?
look for problem with gift inheritance and no residuary clause MUST apply intestacy rules
