Intestacy

Question 1

Intestate

Answer 1

A person dies without a will, Governed by AEA 1925

Question 2

Trust of lands and appointment of trustees Act 1996

Answer 2

All property is made subject of a statutory trust and distributed under statutory order of entitlement

Question 3

Estate under 250K with spouse

Answer 3

all to spouse

Question 4

Estate over 250K with spouse and no children

Answer 4

All to spouse

Question 5

Estate over 250K with spouse and children

Answer 5

Spouse - all personal chattels and first 250K plus half of residual
Children Half residual (shared equally)

Question 6

No Spouse but children

Answer 6

Whole estate (shared equally) (per Stirpes)

Question 7

No Spouse or children

Answer 7

Whole estate to Parents

Question 8

No spouse/children/parents

Answer 8

whole estate to whole siblings - if pre deceased per Stirpes

Question 9

No spouse/children/parents/whole siblings

Answer 9

Whole Estate to half siblings if pre deceased per Stirpes

Question 10

No Spouse/Children/Parents/Siblings/Half Siblings

Answer 10

Whole estate to Grandparents (no per Stirpes)

Question 11

No Spouse/Childre/Parents/Siblings/Half siblings/grandparents

Answer 11

Whole estate to aunts/uncles whole blood (per Stirpes)

Question 12

No Spouse/Childre/Parents/Siblings/Half siblings/grandparents/whole aunts/uncles

Answer 12

Whole estate to aunts/uncles of half blood (per Stirpes)

Question 13

No Spouse/Childre/Parents/Siblings/Half siblings/grandparents/whole aunts/uncles/half aunts/uncles

Answer 13

Whole estate to crown

Question 14

S46(2A) AEA 1925

Answer 14

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

Question 15

What are personal Chattels

Answer 15

s3 ITPA defines personal chattels as any tangible movable property. excluding money, business assets or assets held solely as an investment.

Question 16

Doctrine of suvervorship

Answer 16

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

Question 17

Tenants in Common

Answer 17

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

Question 18

Probate for intestates

Answer 18

Done by Letters of Administration submitted by a Personal Representative

Question 19

Who can be a PR

Answer 19

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