Intestacy Flashcards
What is Intestacy
Dying without a valid will
What is the result of intestacy
Estate is divided in accordance to fixed rules Administration of estates Act 1925 and Intestates estates Act 1952
What is Partial intestacy
Valid will in place but doesn’t dispose of whole estate or certain gifts fail
Section 33 aea 1925 Statutory trust
S33 AEA PRs hold all undisposed estate on trust with the power to sell
Distribution on intestacy
S46 aea 1925 requires knowledge of the estate size as well as knowledge of the deceased relatives
Who is entitled in what order
This is dependent on the size of the estate and who are living relatives
S46 Order or entittlement
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
S47 Statutory trusts
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
s47.1 aea 1925
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)
S47.2 aea
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
s3 Estates of deceased person Forfeiture rule and law of succession) Act 2011
S3 states that if a issue has predeceased before attaining a vested interest(18yrs) but leaves issue the the interest is transfered
Distribution if surviving spouse no issue
All to Spouse
Distribution if surviving spouse and has issue
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)
Distribution if no surviving spouse but has issue
Entire estate to issue ( equal shares if more than 1) held under trust if under 18
Distribution if no surviving spouse and no Issue but Surviving parents
Estate goes to Surviving Parents
Distribution if no surviving spouse and no Issue and no Surviving parents
Estate goes to bother and sisters of the whole blood equal shares held under trust if under 18 - including their issue if pre deceased
Distribution if no surviving spouse and no Issue no Surviving parents or Brothers and sisters of whole blood
Estate to any brothers and sisters of half blood including their issue if pre deceased
Distribution if no surviving spouse and no Issue no Surviving parents or Brothers and sisters of whole blood or half blood
Estate to Grandparents
Distribution if no surviving spouse and no Issue no Surviving parents or Brothers and sisters of whole blood or half blood no Grandparents
Estate to Aunts /Uncles of whole blood including their issue if pre deceased
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
Estate to Aunts /Uncles of Half blood including their issue if pre deceased
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
Estate passes to crown Estate is Bona Vacantia
Personal Chattels
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
Disclaimers and forfeture
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
Legitimacy Illegitimacy Adoption aea 1925
AEA 1925 originally only applied to Legitimate children however now recognises rights of illegitimate beneficiary’s and their issue
Legitimate and legitimated Children Illegitimate children and adopted children
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
Legitimate and legitimated Children Illegitimate children and adopted children -definition
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
Illegitimate Children
S18 (1) Family law reform Act 1987 - Treated in the same was as legitimate children - flra section 1
Adopted Children
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
Prior to 1 Oct 2014 Intestacy rules were different
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
Who can administer an Intestate estate
Non contentious probate rules 22 - Spouse/children(adult)/Parents/Siblings
Survivorship time
Gifts to Spouses - Spouse must survive 28 days AEA 1925 S46 2A
