FLK2 Wills - Validity + Intestacy

Question 1

Can an interest in a house held as beneficial joint tenants (JTs) pass under a will?

Answer 1

No. Passes by survivorship.

Question 2

Can the proceeds of a life policy payable to the estate pass under a will?

Answer 2

Yes.

Question 3

Can an interest in a house held as beneficial tenants in common (TIC) pass under a will?

Answer 3

Yes.

Question 4

Can the proceeds of a life policy written in trust for the deceased’s children pass under the will?

Answer 4

No. Proceeds are paid directly to the children.

Question 5

Can this pass under an will:

A lump sum payable under the deceased’s company pension scheme; the terms of the scheme allow the deceased to leave a letter of wishes as to the persons to receive the lump sum, but the trustees are not bound to follow the letter.

Answer 5

No. Paid out directly by the trustees of the scheme at their discretion.

Question 6

Will a value of a trust form part of an estates for probate purposes?

Answer 6

No. The trust fund passes independently of any will.

Question 7

What is 1 of the requirement under s9 Wills Act 1837?

Answer 7

The will must be in writing.

Question 8

What happens to the witnesses and witness’s spouses who witness a will and who also have a gift under the will?

Answer 8

The witnesses are unable to take their respective legacies (s15 WA 1837).

Question 9

Witnesses who also have a gift under the will: even though the legacies will fail does the witnessing itself fail?

Answer 9

No, a will witnessed by a beneficiary remains valid.

Question 10

If an executor is a witness to a will, does it make the will invalid?

Answer 10

No.

Question 11

If an executor is a witness to a will, does it prevent the executor from acting?

Answer 11

No.

Question 12

True or false?

In order to benefit from a parent’s estate under the intestacy rules, an adult child must survive their deceased parent by 28 days.

Answer 12

FALSE.

Under the intestacy rules the 28 day survival requirement only applies to a spouse, not to the other categories of potential beneficiaries.

Question 13

Under the intestacy rules, how does a deceased’s estate pass to their issue?

Answer 13

On statutory trusts.

Question 14

How does a person fulfil their contingency interest (turn contingency interested into a vested interest)?

Answer 14

The person must be living at the intestate’s death +

Reach 18 or marry or form a civil partnership earlier.

Question 15

What happens to a person who dies before the intestate leaving issue?

Answer 15

They are replaced by the issue.

BUT the issue must reach 18 or marry or form CP earlier.

Question 16

If someone has not reached 18 yet, what interest do they have?

Answer 16

A contingent interest.

Question 17

What interest do the children of someone who has a vested interest have?

Answer 17

Nothing - no interest because their parent is alive and has a vested interest.

Question 18

Does a cohabitant have any entitlement under the intestacy rules?

Answer 18

No.

Question 19

If a person dies without a spouse but with children, how do the children share the estate?

Answer 19

The children are equally entitled the share the estate.

Question 20

If someone dies without a surviving spouse, what does s46 Administration of Estates Act 1925 say about entitlement?

Key word: Hierarchy

Answer 20

(a) issue on the ‘statutory trusts’, but if none,
(b) parents, equally if both alive, but if none,
(c) brothers + sisters of the whole blood on the ‘statutory trusts’, but if none,
(d) brothers + sisters of the half blood on the ‘statutory trusts’, but if none,
(e) grandparents, equally if more than one, but if none,
(f) uncles + aunts of the whole blood on the ‘statutory trusts’, but if none,
(g) uncles + aunts of the half blood on the ‘statutory trusts’, but if none,
(h) the Crown, Duchy of Lancaster, or Duke of Cornwall (bona vacantia).

Question 21

Someone dies intestate 3 months ago. Survived by the wife + daughter.
After payments of debts etc, there is:

£800,000 +
Personal chattels worth £2,000 for distribution under the intestacy rules.

How much will the wife receive?

Answer 21

Because the wife survived 28 days, she is sharing the estate with issue so is entitled to: £537,000

1. Personal chattels +
2. Statutory legacy of £270,000 (fixed) +
3. Half of the balance absolutely.

Balance:
£800,000 LESS £270,000 = £530,000 HALF = £265,000 PLUS Personal Chattels £2,000 = £537,000