Intestacy rules - s46 Flashcards
1
Q
What is the statutory order of entitlement if the testator has no spouse/issue? (5 categories)
A
- parents
- siblings
- grandparents
- uncle and aunts
- the crown
2
Q
What does the spouse receive under the intestacy rules if there is also issue?
A
- personal chattels
- statutory legacy - £322k
- half of the residue
3
Q
What is the survival rule for spouses?
A
28 days
4
Q
What is the contingency rule for statutory trusts? (2 parts)
A
i. must survive the intestate
ii. reach the age of 18
5
Q
What is the substitution rule for statutory trusts? (2 parts)
A
i. share may go to the issue
ii. vest once they reach 18