Intestacy

Question 1

When do intestacy rules operate?

Answer 1

When there is no will;
When there is a will but it is invalid; or
When there is a will but it is partially invalid (partial intestacy)

Question 2

What is the statutory trust?

Answer 2

Intestacy imposes a trust over all property of the deceased, PR uses the property to pay debts, expenses and funeral costs.

After all expenses, the residuary estate is left over and is to be shared amongst the ones to inherit via the rules.

Question 3

Who inherits under the statutory trusts?

Answer 3

Everyone bar the spouse, parents and grandparents.

Question 4

Who inherits under the statutory order of priority?

Answer 4

Spouse;
Issue;
Parents;
Siblings (and issue);
Half-siblings;
Grandparents;
Uncles/aunts (and issue);
Half uncles/aunts;
The crown

Question 5

How long must a spouse survive the deceased to inherit under intestacy rules?

Answer 5

28 days.

Question 6

What happens when there is a spouse and no issue?

Answer 6

The spouse inherits the entire estate.

Question 7

What happens when there is a spouse and issue?

Answer 7

Spouse inherits £322,000 as a statutory entitlement, all chattels, and half of the remainder.

The children inherit the other half of the remainder.

Question 8

What does it mean to inherit under statutory trusts?

Answer 8

Members of the specified class categories take the estate equally, any issue (who was alive before the deceased died) may be substituted to take that relatives share.

Question 9

On statutory trusts, what happens if a person dies without attaining a vested interest?

Answer 9

If they die with no issue, the interest fails and is distributed as if they didn’t exist;

If they die with issue, who were alive before the intestate death, they are substituted to take the share.

Question 10

What is the contingency of inheriting under a statutory trust?

Answer 10

Attaining the age of 18.

Question 11

How is an adopted child treated under intestacy?

Answer 11

They are the child of their adoptive, not biological, parents. They inherit under their adoptive parents’ intestacy.

Question 12

How is a step-child treated on intestacy?

Answer 12

They are not considered a child unless they are formally adopted. So, on an intestacy, they would receive nothing.

They may be able to make an IPFDA claim.