Intestacy

Question 1

What is Intestacy

Answer 1

Dying without a valid will

Question 2

What is the result of intestacy

Answer 2

Estate is divided in accordance to fixed rules Administration of estates Act 1925 and Intestates estates Act 1952

Question 3

What is Partial intestacy

Answer 3

Valid will in place but doesn’t dispose of whole estate or certain gifts fail

Question 4

Section 33 aea 1925 Statutory trust

Answer 4

S33 AEA PRs hold all undisposed estate on trust with the power to sell

Question 5

Distribution on intestacy

Answer 5

S46 aea 1925 requires knowledge of the estate size as well as knowledge of the deceased relatives

Question 6

Who is entitled in what order

Answer 6

This is dependent on the size of the estate and who are living relatives

Question 7

S46 Order or entittlement

Answer 7

Spouse, Issue, Parents, Brothers and sisters of full blood, Brothers and sisters of half blood, Grandparents, Uncles Aunt of whole blood, Uncles. aunts of half blood, The crown Apart from spouse all relationships must be linked by blood

Question 8

S47 Statutory trusts

Answer 8

includes the class of relative to whom it applies together with issue (children) if that relative has pre deceased the intestate - Per stirpes including any in vitro at date of death but later born alive

Question 9

s47.1 aea 1925

Answer 9

If a child has predeceased leaving a child of their own that child will step into their parents shoes (equal shares if more than one child)

Question 10

S47.2 aea

Answer 10

The shares due to children (or their issue) are contingent on them attaining the age of 18 or Marrying earlier (vested interest) if not achieved their share will devolve as if they did not exist subject to s3 EDP(FRLS)A

Question 11

s3 Estates of deceased person Forfeiture rule and law of succession) Act 2011

Answer 11

S3 states that if a issue has predeceased before attaining a vested interest(18yrs) but leaves issue the the interest is transfered

Question 12

Distribution if surviving spouse no issue

Answer 12

All to Spouse

Question 13

Distribution if surviving spouse and has issue

Answer 13

Spouse attains all personal Chattels upto 270K (after feb 2020 pre feb 2020 250K) + Half the residue - The remaining half passes to the issue (under trust if not 18)

Question 14

Distribution if no surviving spouse but has issue

Answer 14

Entire estate to issue ( equal shares if more than 1) held under trust if under 18

Question 15

Distribution if no surviving spouse and no Issue but Surviving parents

Answer 15

Estate goes to Surviving Parents

Question 16

Distribution if no surviving spouse and no Issue and no Surviving parents

Answer 16

Estate goes to bother and sisters of the whole blood equal shares held under trust if under 18 - including their issue if pre deceased

Question 17

Distribution if no surviving spouse and no Issue no Surviving parents or Brothers and sisters of whole blood

Answer 17

Estate to any brothers and sisters of half blood including their issue if pre deceased

Question 18

Distribution if no surviving spouse and no Issue no Surviving parents or Brothers and sisters of whole blood or half blood

Answer 18

Estate to Grandparents

Question 19

Distribution if no surviving spouse and no Issue no Surviving parents or Brothers and sisters of whole blood or half blood no Grandparents

Answer 19

Estate to Aunts /Uncles of whole blood including their issue if pre deceased

Question 20

Intestacy -Distribution if no surviving spouse and no Issue no Surviving parents or Brothers and sisters of whole blood or half blood no Grandparents no Aunts Uncles of full Blood

Answer 20

Estate to Aunts /Uncles of Half blood including their issue if pre deceased

Question 21

Distribution if no surviving spouse and no Issue no Surviving parents or Brothers and sisters of whole blood or half blood no Grandparents no Aunts Uncles of full Blood or half blood

Answer 21

Estate passes to crown Estate is Bona Vacantia

Question 22

Personal Chattels

Answer 22

S55/1 (x) AEA 1925 As Amended by S3 ITPA 2014 - States tangible movable property other then those that, Consist of Money or securities for money, or was used at the death solely or mainly for business purpose or Was held at death solely as an investment

Question 23

Disclaimers and forfeture

Answer 23

Beneficiary may not wish to take share or may be disqualified as a result of being convicted of killing the deceased gift passes as if it had failed( predeceased) if has issue - issue can take gift if no issues will be as if they never existed and goes to next in line

Question 24

Legitimacy Illegitimacy Adoption aea 1925

Answer 24

AEA 1925 originally only applied to Legitimate children however now recognises rights of illegitimate beneficiary’s and their issue

Question 25

Legitimate and legitimated Children Illegitimate children and adopted children

Answer 25

Legitimate -Born in Wedlock
legitimated born out of wedlock but parents later married each other
Illegitimate-born out of wedlock
Adopted - treated as own child as at date of legal adoption

Question 25

Legitimate and legitimated Children Illegitimate children and adopted children -definition

Answer 25

Legitimate -Born in Wedlock
legitimated born out of wedlock but parents later married each other
Illegitimate - Born out of wedlock and parents never marry each other
Adopted - Child subject to a legal adoption

Question 26

Illegitimate Children

Answer 26

S18 (1) Family law reform Act 1987 - Treated in the same was as legitimate children - flra section 1

Question 27

Adopted Children

Answer 27

S67 Adoption and Children’s act 2002 treated as natural child from the date of the adoption order This statue also following adoption child losses entitlement to interest held on trust but s4 ITPA means that if an adopted Childs birth parents died and had already provided a contingent trust before the adoption the interest is not affected by the adoption

Question 28

Prior to 1 Oct 2014 Intestacy rules were different

Answer 28

If Estate was over 450K and deceased had Spouse but no issue Spouse would obtain personal chattels and estate of 450K + Half of the residue - The other half would move through the tiers ( parents/Brother/sisters etc) until it reached the crown if no other family it remaining residue would revert back to the spouse

Question 29

Who can administer an Intestate estate

Answer 29

Non contentious probate rules 22 - Spouse/children(adult)/Parents/Siblings

Question 30

Survivorship time

Answer 30

Gifts to Spouses - Spouse must survive 28 days AEA 1925 S46 2A