Intestacy and Succession

Question 1

What are the intestacy rules for spouses and children under s33 Administration of estates act 1925?

Answer 1

• Spouses must survive the deceased by at least 28 days.
• If no children, spouse inherits everything.
  If both, spouse gets personal chattels, statutory legacy of £322,000 free of tax. half of residue.
• children get other half of residue on statutory trust if under 18.

Question 2

Is there a substitution limb under intestacy rules?

Answer 2

yes if children do not survive the deceased, their own issue may inherit the entitlement.
- children must have reached the contingent limb of 18 for this to happen.

Question 3

If no spouse or children, what is the order of priority under intestacy?

Answer 3

1. Parents.
2. Siblings of whole blood.
3. Siblings of half blood.
4. Grandparents.
5. Nephews and nieces.
6. Uncles and aunts.
7. Uncles and aunts of half blood.

Question 4

if dealing with a surviving beneficial tenant in common, what will the buyer’s solicitor need to see?

Answer 4

copy of the death certificate and a second trustee to be appointed.

Question 5

what is fortuitous vesting under Strong v Bird?

Answer 5

1. There must be an intention to make an immediate gift.
2. Intention must continue until the donor’s death.
3. Intended donee becomes an executor of the donor’s estate.

Question 6

What are donationes mortis causea?

Answer 6

1. Gift is made in contemplation of death.
2. Gift is conditional on death.
3. Delivery of the property.