Intestacy

Question 1

Rules for intestacy

Answer 1

• Relatives to take with spouse/civil partner and issue having priority
• Relative rights depend on legal status - no entitlement for cohabitants
• Only spouse, blood relatives or adoption can inherit

Question 2

Partner or Spouse survives deceased by 28 days

Answer 2

• If the estate is under £270k net (excluding personal chattels), the spouse/partner will take the entire estate
• Surviving spouse will also take the entire estate (whatever the size) if the deceased is NOT survived by any children or their issue
• Where no surviving spouse or their issue then will depend on other close relatives survive the intestate

Question 3

Spouse/Civil Partner does not survive the deceased by 28 days

Answer 3

• Survived by ‘another next of kin’

- Move down the list to see who is the closest class of surviving relatives (or their issue) is to see who is entitled

Question 4

Statutory Trusts

Answer 4

• Classes of relatives or their issue take on ‘statutory trusts’
• All members of the class who survive the intestate take equally with provisions for the children of a class member who has died
• The beneficiaries interest is contingent on reaching 18 or marrying under 18