Intestacy rules - s46

Question 1

What is the statutory order of entitlement if the testator has no spouse/issue? (5 categories)

Answer 1

1. parents
2. siblings
3. grandparents
4. uncle and aunts
5. the crown

Question 2

What does the spouse receive under the intestacy rules if there is also issue?

Answer 2

1. personal chattels
2. statutory legacy - £322k
3. half of the residue

Question 3

What is the survival rule for spouses?

Answer 3

28 days

Question 4

What is the contingency rule for statutory trusts? (2 parts)

Answer 4

i. must survive the intestate
ii. reach the age of 18

Question 5

What is the substitution rule for statutory trusts? (2 parts)

Answer 5

i. share may go to the issue
ii. vest once they reach 18