Intestacy MCQs Flashcards
A woman died intestate a month ago. She had never been married or in a civil partnership. The woman was living with her only grandchild (aged 1). The woman’s son, the grandchild’s father, died before the woman.
The woman’s brother (her only sibling), both of her parents, and her daughter-in-law (the wife of her son) are still alive.
Who is entitled to share in the distribution of the woman’s estate?
Her parents only.
Her grandchild only.
Her daughter-in-law only.
Her daughter-in-law and grandchild only.
Her granddaughter and brother only.
Her grandchild only.
Correct. Where a person dies intestate and is survived by issue but no spouse/civil partner, the issue will inherit the whole of the estate. If a child of the intestate dies before their parent, but leaving their own issue, the intestate’s grandchild will inherit the share of the estate their parent would have inherited.
The other options were incorrect because:
-the parents and siblings of an intestate will only inherit if the intestate is not survived by either spouse or issue.
-Where a person due to inherit dies before the intestate’s (here her son) then the son’s spouse would not be entitled to any share of the intestate’s estate.
A woman died intestate a month ago. At the time of her death she was separated from her husband of 10 years. The woman and her husband had discussed getting divorced but no formal proceedings had begun. When she died, the woman was living with her son (aged 17 years) and her step-son (aged 18 years). The woman’s daughter (aged 25) lives with her husband and their new baby, the woman’s only grandchild.
Who is entitled to share in the distribution of the woman’s estate?
The husband, son, daughter and grandchild only.
The husband, son, step-son and daughter only.
The son and step-son only.
The husband, son and daughter only.
The son and daughter only.
The husband, son and daughter only.
Correct. Where a person dies intestate and is survived by a spouse and issue, only those relatives will take a share of the deceased’s estate. Here, the woman was survived by her husband (it does not matter that they were not living together), and her son (it does not matter how old her son is) and daughter (it makes no difference whether she is living with the deceased or not). The step-son has no entitlement to the estate. Nor does the grandchild if the parent is alive at the date of the intestate’s death.
A man died intestate a month ago. He had never been married or in a civil partnership and had never had any children. Both of the man’s parents died before him. The man was survived by his brother (aged 20), his sister (aged 16, and pregnant with her first child when her brother died), and his aunt (his mother’s sister). The man’s sister gave birth to a baby boy (the man’s nephew) 6 months after the man died. The man’s sister died during childbirth, aged 17.
Who is entitled to share in the distribution of the man’s estate?
His aunt, his brother and his nephew only.
His brother and his sister’s estate only.
His brother only.
His brother and his nephew only.
His aunt only.
His brother and his nephew only.
Correct. After spouse, issue and parents the next category of relative entitled to inherit are the siblings of the intestate. The siblings inherit on the terms of the statutory trust so in this case, the brother and sister are entitled to half of the estate each on the terms of the statutory trust i.e. contingent on reaching the age of 18.
The sister died after the intestate but before reaching the contingent age. This means her share never vested and is therefore not part of her estate. Any option suggesting the sister’s estate would benefit is therefore incorrect.
However, because the sister died leaving her own issue, the substitution limb of the statutory trust would apply. The share that would have passed to the man’s sister, passes instead to her children who are alive or en ventre sa mere (a French expression meaning “in its mother’s belly” which refers to a child conceived but not yet born) at the date of the intestate’s death, contingent upon their attaining the age of 18 or marrying earlier. Although the man’s nephew was not born until after his death, his sister was pregnant at this time and therefore the nephew satisfies the criteria assuming he reaches 18.
The man’s aunt would only inherit if the man had no siblings, or nieces /nephews.
A man died intestate a month ago. His estate comprised a property owned as joint tenants with his brother, a bank account in his sole name, personal possessions, cash in the house, and a discretionary lump sum payable under the terms of the man’s pension scheme (nominated in favour of the man’s brother).
Which of the following lists the assets that will be distributed in accordance with the intestacy rules?
The property, bank account, personal possessions, cash, and the amount payable under the discretionary pension scheme.
Bank account, personal possessions and cash only.
The property, bank account and personal possessions only.
Bank account, personal possessions, cash, and the amount payable under the discretionary pension scheme only.
The property, bank account, personal possessions and cash only.
Bank account, personal possessions and cash only.
Correct. Items owned as joint tenants will pass in accordance with the rules of survivorship. Therefore, his property will pass directly to his brother and not under the intestacy rules. The discretionary pension lump sum is payable in accordance with the nomination that was made, so will pass directly to his brother and not under the intestacy rules. The remainder of the estate assets are included in the deceased’s succession estate.
A man died intestate a month ago. He was survived by his civil partner and their son (aged 21). The man’s estate comprises a ½ share of a property owned as tenants in common with his civil partner (value of whole £500,000), a savings account (£95,000), a vehicle used solely for business purposes (£5,000) and personal possessions (£20,000).
Which of the following best describes what the man’s civil partner and son are entitled to under the intestacy rules?
The man’s civil partner will receive chattels (worth £20,000), a statutory legacy of £322,000, and half of the remainder. The man’s civil partner can request that the property is appropriated to them as part of their entitlement under the intestacy. The man’s son will receive a vested interest in the other half of the remainder.
The man’s civil partner will receive chattels (worth £25,000), a statutory legacy of £322,000, and half of the remainder. The man’s son will receive a contingent interest in the other half of the remainder.
The man’s civil partner will receive the entire estate passing under the intestacy rules. The man’s son will receive nothing.
The man’s civil partner will receive chattels (worth £20,000), a statutory legacy of £322,000, and half of the remainder. The man’s civil partner is entitled to have the property appropriated to them in addition to their entitlement under intestacy. The man’s son will receive a contingent interest in the other half of the remainder.
The man’s civil partner will receive chattels (worth £25,000), a statutory legacy of £322,000, and half of the remainder absolutely. The man’s son is entitled to a vested interest in the other half of the remainder.
The man’s civil partner will receive chattels (worth £20,000), a statutory legacy of £322,000, and half of the remainder. The man’s civil partner can request that the property is appropriated to them as part of their entitlement under the intestacy. The man’s son will receive a vested interest in the other half of the remainder.
Correct. The civil partner is entitled to receive chattels worth £20,000 (the personal possessions but not the business assets), plus a statutory legacy of £322,000, and half of the remainder. As the half-share of the property falls within the estate passing under intestacy, the civil partner can request that the property is transferred to them as part of their entitlement (not in addition to). The son will receive the other half of the remainder on statutory trusts. As he is over the age of 18 his share will be vested.
Question 1
A man died last week without leaving a will. His estate comprising assets in his sole name,
after debts, is valued at £800,000, including £5,000 personal chattels. He was survived
by his wife, his son aged 25 years and his daughter aged 17 years. He also has two
grandchildren: a granddaughter aged two years, who is the daughter of his surviving son,
and a grandson aged six years. His grandson is the only child of the man’s eldest child
who died six months ago.
Which of the following best explains how the estate will be distributed?
A The man’s wife will only receive the statutory legacy of £270,000 and the personal
chattels.
B The man’s son has an interest in the estate which is contingent.
C The man’s grandson has an interest in the estate which is contingent.
D The man’s granddaughter has an interest in the estate which is contingent.
E The man’s wife will only be entitled if she survives her husband by 14 days.
Answer
Option C is correct. The deceased died intestate survived by spouse and issue, and with an
estate worth more than the statutory legacy and so some of the estate passes to the issue
on the statutory trusts: the son, daughter and the issue of the pre- deceased child (ie the
grandson) share, contingent on reaching 18 years of age. The grandson is under 18.
Option A is wrong because the intestacy rules provide for the spouse in these circumstances
to take the personal chattels plus the statutory legacy of £270,000 plus half of the remainder
absolutely.
Option B is wrong as under the statutory trusts the son has reached 18 and has a vested
interest.
Option D is wrong as the granddaughter will receive nothing as her father is still alive.
Option E is wrong as the spouse will be entitled provided she survives by 28 days.
Question 2
A woman died five weeks ago without having made a will. Her only living relatives are her
civil partner and the woman’s daughter (aged 19). At the time of her death the woman’s
only assets were £70,000 in a bank account in her sole name and her interest in the house
she owned with her civil partner as tenants in common. The woman’s interest in the house is
worth £350,000 and she had no debts.
Which of the following best describes the entitlement to the woman’s estate?
A The woman’s civil partner is entitled to a total of £270,000 from the estate.
B The woman’s civil partner can insist on receiving the deceased’s interest in the house in
satisfaction of her entitlement provided that she pays equality money to the estate.
C The woman’s daughter is not entitled to anything from the estate.
D The woman’s civil partner and her daughter are each entitled to half of the estate.
E The woman’s daughter has a contingent interest in part of the woman’s estate.
Answer
Option B is correct. The entire estate passes under the intestacy rules. Having survived
28 days the deceased’s civil partner receives the statutory legacy of £270,000 plus half the
balance (£75,000). The remaining £75,000 goes to the deceased’s daughter. The deceased’s
civil partner can insist on receiving the deceased’s share of the house as part of the
entitlement. However, as this is worth more than the total entitlement the civil partner will have
to pay equality money to the estate.
Option A is wrong as the civil partner receives the statutory legacy of £270,000 plus half the
balance (£75,000).
Option C is wrong as the estate exceeds the value of the statutory legacy for the civil partner
and so the daughter will take some of the estate.
Option D is wrong as the civil partner takes a statutory legacy and the daughter takes half of
what is left after this.
Option E is wrong as the daughter has satisfied the contingency in the statutory trusts of
reaching 18 years of age and so her interest is vested.
Question 3
A woman has recently died intestate, owning assets in her sole name worth £500,000,
after debts. The woman was divorced and for the past eight years has been living with her
boyfriend and his daughter (aged 12 years), by his previous relationship. Both the partner
and his daughter survived the woman. The woman’s father died five years ago but the
woman is survived by both her mother and her sister (aged 35).
Who is entitled to take a share of the woman’s estate?
A The boyfriend only.
B The boyfriend’s daughter only.
C The sister only.
D The mother only.
E The mother and sister only.
Answer
Option D is correct. Under the intestacy rules in the absence of a surviving spouse and issue
the estate passes to parents. There is a surviving mother so she takes the whole estate.
Option A is wrong as the boyfriend is not a surviving spouse or civil partner and not included
in the order of entitlement.
Option B is wrong as the daughter is not issue of the intestate.
Option C is wrong as the sister comes after parents in the order of entitlement and there is a
surviving parent.
Option E is wrong as the rules only provide for sharing between relatives in the same
category.
A man died intestate a month ago. He had never been married or in a civil partnership. At the time of his death, the man was living with his partner, with whom he had been cohabiting for 20 years, and her daughter (aged 23 years). The partner’s daughter lived with the man and his partner throughout their relationship.
The man had a son (aged 25 years) from a previous relationship and a daughter (aged 19 years) whom he and his partner adopted ten years ago.
Who is entitled to share in the distribution of the man’s estate?
A. The partner, the son and the man’s daughter only.
B. The son, the man’s daughter and the partner’s daughter only.
C. The son and the man’s daughter only.
D. The son only.
E. The man’s daughter only.
C - The son and the man’s daughter only.
A man separated from his wife several years ago. They remained friends and did not divorce. The man began to cohabit with his partner three years ago.
Six weeks ago, the man, his wife and their daughter (aged 21) were in a car crash whilst on their way to attend the daughter’s graduation ceremony. The man was killed instantly. The wife and daughter died the following day.
The cohabitee is still alive. The man has no other relatives. He died intestate and his net estate passing under the intestacy rules is £1,500,000.
Which of the following best describes how the man’s estate will be distributed?
A. It will be distributed to the wife’s estate only.
B. It will be distributed to the wife’s estate and the daughter’s estate
C. It will be distributed to the daughter’s estate only.
D. It will be distributed to the cohabitee only.
E. It will be distributed to the cohabitee and the daughter’s estate.
C - It will be distributed to the daughter’s estate only.
