Distribution under the intestacy rules

Question 1

What is intestate

Answer 1

where a person dies without a will

Question 2

where a person dies without a will, or their will fails to distribute all of the property in their estate, how will the remaining property be distributed

Answer 2

under the intestacy rules

Question 3

if the deceased didn’t have a spouse/civil partner, but did have a surviving issue - how would the property be distributed

Answer 3

the issue receives the entire estate on statutory trusts

Question 4

if the deceased had a spouse/civil partner but no surviving issue - how would the property be distributed

Answer 4

the spouse is entitled to the entire estate

Question 5

if the deceased had a spouse/civil partner and a surviving issue - how would the estate be distributed

Answer 5

the spouse (who must survive the deceased by at least 28 days) receives

• all personal chattels
• stat legacy of £322,000
• half of the residue absolutely

the issue receives the remaining half of the residue on statutory trusts

if the value of the estate is less than £322,000 then the entire estate passes to the spouse

Question 6

if the deceased didn’t have a spouse/civil partner nor a surviving issue - how would the property be distributed

Answer 6

the entire estate will go to the closest surviving relations in the following order

1) parents
2) brothers and sisters of the whole blood
3) brothers and sisters of the half blood
4) grandparents
5) uncles and aunts of the whole blood
6) uncles and aunts of the half blood
7) the crown as bona vacantia

Question 7

is there any provision for co habitees (people who lived together but were not married or civil partners) under the intestacy rules

Answer 7

no

Question 8

what right does a surviving spouse of an intestate decedent have

Answer 8

a right to the appropriation of the matrimonial home

Question 9

can the surviving spouse retain the matrimonial home

Answer 9

yes in certain circumstances
Schedule 2 Intestates Estates Act 1952

Question 10

the surviving spouse can retain the matrimonial home under certain circumstances - when do these circumstances apply

Answer 10

where the matrimonial home was either owned solely by the deceased or owned jointly between the deceased and the spouse as TIC

Question 11

for the surviving spouse to retain the matrimonial home, they must have been resident in the property at the time of the intestates death - true or false

Answer 11

true

Question 12

the surviving spouse/partner can, by written notice, require the PRs to appropriate the interest in the home towards satisfaction of any absolute interest held by that surviving spouse or partner - what is the time limit for this

Answer 12

within 12 months of the grant of probate

Question 13

is the value of the home taken at the time of appropriation or at the time of death

Answer 13

at the time of appropriation

Question 14

during the 12 months after the death - how can the PR sell the matrimonial home

Answer 14

with the consent of the surviving spouse

or by order of the court

or in the course of administration for want of assets

Question 15

where the home was owned jointly between the deceased and spouse as joint tenants - what happens

Answer 15

the house would pass to the surviving spouse under the survivorship rule

Question 16

under the stat trusts, what does each child receive

Answer 16

each child receives an equal share of the assets on reaching the age of majority (18)

Question 17

what will a child benefit from during their minority

Answer 17

maintenance and accumulation of capital - the trust will be administered in accordance with the TA 2000