Intestacy Flashcards
What is intestacy?
When a person dies without having made a will.
On death their estates are distributed in accordance with fixed rules.
Which act governs the distribution of an intestate estate?
s33 Administration of Estates Act 1925
As amended by the Inheritance and Trustees Powers Act 2014 and Intestate Estates Act 1952
What is the effect of s33 Administration of Estates Act 1925
His personal representatives hold and distribute the estate on the ‘statutory trusts’ in order of entitlement under s46
What is the order of ‘statutory trust’ entitlement under s46 Administration of Estates Act 1925
Spouse incl Marriage (Same Sex Couples) Act 2013
Issue incl children
Parents
Brothers and Sisters - whole blood
Brothers and Sisters - half blood
Grandparent
Uncle and Aunts - whole blood
Uncle and Aunts - half blood
The Crown
Which act defines statutory trust
s47 Administration of Estates Act 1925
if child has predeceased the interstate leaving a child then that child will ‘step into deceased parent’s shoes’
What age does a child need to have reached to obtain their share
18 years or upon marriage if earlier
Contingent entitlement until reaches 18
Explain the 28 day survivorship rule
In order to inherit the surviving spouse must survive deceased spouse by 28 days
What is surviving spouse entitled to under s46 AEA 1925
All personal chattels absolutely
Statutory legacy of £250,000 free of tax and costs plus interest
Half residue of estate absolutely
Which act defines personal possessions
s55(I)(x) AEA 1925 as amended by ITPA 2014
What are personal possessions under s55
All tangible moveable property
Excludes money, business property and investment property
Name two cases
Re Crispin 1974 - clocks - personal use
Re McCulloch 1981 - test for business use
Can surviving spouse acquire an interest in the matrimonial home?
Name a case
Yes under absolute interest.
Service notice on PRs within 12 months of the grant
Kane v Radley-Kane and Others 1998
Two cases of surviving spouse trying to acquire matrimonial home
Re Phelps 1980 - equalisation payment if over absolute entitlement
Re Collins 1975 - Property valued at date of appropriation and not death
Can an adopted child acquire a interest?
Yes under s67 Adoption and Children Act 2002
Can an illegitimate child acquire an interest?
Yes under s18(1) Family Law Reform Act 1987
PR’s rely on s27 Trustee Act 1925 when trying to find if there is an illegitimate child
