Intestacy Flashcards
Which Act governs the distribution of an estate when a person dies intestate?
a) Wills Act 1837
b) Administration of Estates Act 1925
c) Inheritance (Provision for Family and Dependants) Act 1975
d) Trusts of Land and Appointment of Trustees Act 1996
b) Administration of Estates Act 1925
Explanation: The Administration of Estates Act 1925 (AEA 1925), particularly Section 46, sets out the intestacy rules governing how an estate is distributed when there is no valid will.
If a deceased dies intestate leaving only a spouse and no issue, who inherits the estate?
a) The spouse inherits the entire estate
b) The spouse and parents share the estate
c) The estate is divided among siblings
d) The estate goes to the Crown under bona vacantia
a) The spouse inherits the entire estate
Explanation: If no issue exists, the entire estate passes to the surviving spouse or civil partner under Section 46 AEA 1925.
What does ‘issue’ mean in the context of intestacy?
a) Siblings of the deceased
b) Parents of the deceased
c) Children and remoter descendants of the deceased
d) The personal representatives of the estate
c) Children and remoter descendants of the deceased
Explanation: The term “issue” includes children, grandchildren, and further direct descendants, whether legitimate, illegitimate, legitimated, or adopted.
Under the intestacy rules, how long must a spouse survive the deceased to inherit?
a) 7 days
b) 14 days
c) 28 days
d) No minimum survival period
c) 28 days
Explanation: Under Section 46(2A) AEA 1925, a spouse must survive the deceased by at least 28 days to inherit under the intestacy rules.
If the deceased has no spouse or issue, who inherits the estate first?
a) Siblings of whole blood
b) Parents
c) Grandparents
d) The Crown
b) Parents
Explanation: If there is no spouse or issue, the deceased’s parents inherit first under Section 46 AEA 1925.
Alex dies intestate, leaving a spouse (Jamie) and two children. His estate is worth £600,000. How is it distributed?
a) Jamie receives everything
b) Jamie receives £322,000 plus half of the remaining £278,000, with the other half going to the children
c) Jamie and the children share the estate equally
d) The estate is split between Jamie and the parents of Alex
b) Jamie receives £322,000 plus half of the remaining £278,000, with the other half going to the children
Explanation:
Jamie’s entitlement:
Personal chattels
Statutory legacy of £322,000
Half of the remaining residue (£139,000)
Children’s entitlement:
Other half of the residue (£139,000), split equally on statutory trusts
Zara dies intestate, leaving an estate worth £400,000. She has no spouse but is survived by her son Leo (10). Who inherits and when?
a) Leo inherits immediately
b) Leo inherits the full estate, but only when he turns 18
c) Leo’s grandparents inherit instead
d) The Crown inherits under bona vacantia
b) Leo inherits the full estate, but only when he turns 18
Explanation: As Zara’s only issue, Leo inherits under statutory trusts, meaning he only gets the estate once he turns 18 (contingency limb applies).
David dies intestate, survived by his parents and his sister. Who inherits?
a) His sister inherits everything
b) His parents inherit equally
c) His estate is split between parents and sister
d) The Crown inherits under bona vacantia
b) His parents inherit equally
Explanation: If no spouse or issue exists, the parents inherit everything before siblings under Section 46 AEA 1925.
Adam dies intestate, leaving a spouse, two children, and an estate worth £550,000. What is the residue?
a) £550,000
b) £228,000
c) £550,000 - £322,000 = £228,000
d) £275,000
c) £550,000 - £322,000 = £228,000
Explanation:
The statutory legacy of £322,000 is deducted first.
The remaining £228,000 is the residue, to be divided 50% to the spouse, 50% to the children.
What happens if a beneficiary under the intestacy rules dies before reaching 18?
a) Their inheritance passes to their own issue
b) Their inheritance returns to the estate
c) It is split between the remaining beneficiaries
d) The Crown claims the inheritance
a) Their inheritance passes to their own issue
Explanation: Under the substitution limb of the statutory trusts, if a beneficiary dies before 18, their share passes to their own issue.
Which of the following assets are NOT included in the intestate succession estate?
a) Life insurance policy written in trust
b) A house held as tenants in common
c) The deceased’s savings account
d) Shares owned solely by the deceased
a) Life insurance policy written in trust
Explanation: Assets held in trust do not form part of the intestate estate as they pass directly to the named beneficiaries.
What is the consequence if no relatives can inherit under intestacy rules?
a) The estate is divided among charities
b) The estate is held indefinitely in trust
c) The estate passes to the Crown as bona vacantia
d) The estate goes to the local council
c) The estate passes to the Crown as bona vacantia
Explanation: If no entitled relatives exist, the estate passes to the Crown as bona vacantia under the Treasury Solicitor’s control.
If a deceased person’s estate includes a house, what options does the surviving spouse have under intestacy?
a) They automatically inherit the house
b) They must purchase it from the estate
c) They may appropriate it in satisfaction of their entitlement
d) The house is always sold and distributed equally
c) They may appropriate it in satisfaction of their entitlement
Explanation: Under Schedule 2 of the Intestate Estates Act 1952, a surviving spouse can appropriate the home within 12 months to satisfy their inheritance.
What is the difference between whole blood and half blood relatives in intestacy?
a) Whole blood relatives inherit before half blood relatives
b) Half blood relatives inherit first
c) Both inherit equally
d) Only whole blood relatives inherit
a) Whole blood relatives inherit before half blood relatives
Explanation: Whole blood siblings (sharing both parents) inherit before half blood siblings under Section 46 AEA 1925.
Who decides how intestate estate assets are distributed to satisfy beneficiaries’ entitlements?
a) The beneficiaries
b) The Crown
c) The personal representatives
d) The probate court
Personal representatives (PRs) manage the estate and distribute assets to satisfy beneficiaries’ entitlements.
