Intestacy Flashcards
Intestate
A person dies without a will, Governed by AEA 1925
Trust of lands and appointment of trustees Act 1996
All property is made subject of a statutory trust and distributed under statutory order of entitlement
Estate under 250K with spouse
all to spouse
Estate over 250K with spouse and no children
All to spouse
Estate over 250K with spouse and children
Spouse - all personal chattels and first 250K plus half of residual
Children Half residual (shared equally)
No Spouse but children
Whole estate (shared equally) (per Stirpes)
No Spouse or children
Whole estate to Parents
No spouse/children/parents
whole estate to whole siblings - if pre deceased per Stirpes
No spouse/children/parents/whole siblings
Whole Estate to half siblings if pre deceased per Stirpes
No Spouse/Children/Parents/Siblings/Half Siblings
Whole estate to Grandparents (no per Stirpes)
No Spouse/Childre/Parents/Siblings/Half siblings/grandparents
Whole estate to aunts/uncles whole blood (per Stirpes)
No Spouse/Childre/Parents/Siblings/Half siblings/grandparents/whole aunts/uncles
Whole estate to aunts/uncles of half blood (per Stirpes)
No Spouse/Childre/Parents/Siblings/Half siblings/grandparents/whole aunts/uncles/half aunts/uncles
Whole estate to crown
S46(2A) AEA 1925
All benefits are subject to spouse/civil partner surviving the deceased by 28 days if dies before 28 days is treated as if died before the intestate
What are personal Chattels
s3 ITPA defines personal chattels as any tangible movable property. excluding money, business assets or assets held solely as an investment.
Doctrine of suvervorship
Any jointly owned property automatically passed to the spouse and doesn’t count towards the survivors entitlement unless house/land owned as tenants in common
Tenants in Common
If family home but tenants in common under Sch 2 Intestates estates act 1952 the surviving spouse can require the PRs to appropriate (transfer) the home to the spouse in satisfaction of their share of the estate if the home is valued at more then the share the spouse will need to pay equality money to make up the difference this must be done within 12 months of the grant during the 12mth period the home can only be sold with written consent of the survivor
Probate for intestates
Done by Letters of Administration submitted by a Personal Representative
Who can be a PR
Order of Priority is strictly applied
Spouse/Civil partner ( providing not divorced)
Children and issue of predeceased children
Parents
Siblings of Whole blood/ issue if predeceased
Siblings of half blood/ issue if predeceased
Grandparents
Aunts/uncles of Whole blood/ issue if predeceased
Aunts/uncles of Half Blood/ issue if predeceased
Treasury Solicitor on behalf of the crown
