Intestacy

Question 1

where are the rules on distributing on intestacy found

Answer 1

s46 Administration of estates act 1925

Question 2

do the intestacy rules always apply

Answer 2

yes they are mandatory but don’t apply to property passing outside a will

Question 3

what happens if you die without a will

Answer 3

a trust is imposed over all property and PR holds property on trust. PR must pay all debts and expenses first. What is left is the residue which is distributed according to the intestacy rules

Question 4

who is the spouse for intestacy rules

Answer 4

married, not cohabitants, not divorcees but okay if you are separated but not divorced

Question 5

what are issue

Answer 5

children, adoptive children, illegitimate children but not spouses children

Question 6

how is property distributed on intestacy if there is a spouse and issue

Answer 6

spouse gets personal chattles absolutely, first 270,000 and half of remainder. plus anything gifted in will and interest from death t distribution
issue get other half

Question 7

what are chattles - what is excluded

Answer 7

money, business items and investment items are excluded

Question 8

how long must spouse survive to inherit their share on intestacy

Answer 8

28 days or treated as if they died first

Question 9

can the surviving spouse require the house on intestatcy

Answer 9

yes in partial or full satisfaction of their claim

or if worth more pay the difference (equality money)

Question 10

how does the house pass on intestacy

Answer 10

if joint tenancy survivorship operates
if TinC or sole name of deceased it is part of the residue which is distributed according to intestacy rules - but spouse can require

Question 11

how long does spouse have to require home

Answer 11

notify PR within 12 months of grant

Question 12

who are issue for intestacy rules

Answer 12

children - grand children - great grand children
only grand children if children are dead before intestate then grand children take equally but must be 18 or married
if child dies before 18 / married distribute as if they never existed unless there are grandchildren then they can take (per stirpes distribution)

Question 13

what is per stripes distribution

Answer 13

if child dies before 18 / married distribute as if they never existed unless there are grandchildren then they can take

Question 14

how is property distributed on intestacy if there is a spouse and no issue

Answer 14

spouse takes it all

must survive 28 days or distributed as if they died first

Question 15

how does property pass on intestacy where there is no spouse

Answer 15

children on statutory trusts (ST)
parents 
siblings of whole blood on ST
siblings of half bloods on ST
grandparents 
aunts and uncles of whole blood on ST
aunts and uncles of half blood on ST
the crown 
people in each category take equally

Question 16

what does it mean if they take on statutory trusts

Answer 16

they take equally
if they die their issue can take instead
must be 18 or married

Question 17

if the crown inherits, what responsibilities does it have to dependents

Answer 17

the crown has a discretion to provide for dependants but they must claim through the family and dependants Act first

Question 18

can adoptive children retain a right to inherit from birth family

Answer 18

only birth parents, not any remoter family

Question 19

who is the family of a child of surrogacy

Answer 19

whoever has legal parental order

Question 20

who is parent of IVF child

Answer 20

person who gave birth plus spouse or cohabitee if she specifies

Question 21

what if you can’t identify the father of an illegitimate child

Answer 21

assume he is dead