Intestacy & Succession MCQ Flashcards
A person dies intestate, survived only by their long-term boyfriend and two brothers (both under 18). How will their estate be distributed?
A. The estate will be held on the statutory trusts equally for the two brothers (whose interests are contingent upon reaching 18). The boyfriend is not entitled to anything.
B. The estate is shared equally between the boyfriend and the brothers.
C. The whole estate passes to the boyfriend providing he survives the deceased by 28 days. The brothers are not entitled to anything because they are not issue.
D. The boyfriend is entitled to the deceased’s personal chattels and a statutory legacy of £322,000. The residue is shared equally between the boyfriend and the brothers.
E. The boyfriend is entitled to the deceased’s personal chattels, a statutory legacy of £322,000 and half the residue. The remaining half share is held on the statutory trusts for the brothers.
A. The estate will be held on the statutory trusts equally for the two brothers (whose interests are contingent upon reaching 18). The boyfriend is not entitled to anything.
The brothers are the first people entitled in the statutory order. The boyfriend has no entitlement under the intestacy rules.
A dies intestate, leaving no spouse and three unmarried children, B (18), C (15) and D (14). How will A’s estate be distributed?
A. The whole estate passes to B providing they survive A by 28 days. C and D are not entitled to anything because they have not reached the age of 18 by the date of A’s death.
B. The estate will be held on the statutory trusts equally for B, C and D, providing they survive A by 28 days. B has a vested interest. C and D’s interests are contingent upon reaching 18.
C. B is entitled to A’s personal chattels, a statutory legacy of £322,000 and half the residue. The remaining half of the residue is held on the statutory trusts for B, C and D.
D. The estate will be shared equally and absolutely by B, C and D, providing they survive A by 28 days.
E. The estate will be held on the statutory trusts equally for B, C and D. B has a vested interest. C and D’s interests are contingent upon reaching 18.
E. The estate will be held on the statutory trusts equally for B, C and D. B has a vested interest. C and D’s interests are contingent upon reaching 18.
A left issue but no spouse, so they inherit the estate on the statutory trusts. The contingency limb has already been satisfied in respect of B but not C or D.
A person dies intestate and is survived by his mother, his spouse and his son. His estate amounts to £842,000 cash, plus personal chattels worth £10,000.
Which of the following correctly states the value of the spouse’s entitlement (providing that they survive by 28 days)?
A. £852,000
B. £587,000
C. £592,000
D. £322,000
E. £431,000
C. £592,000
The spouse is absolutely entitled to the personal chattels (worth £10,000), a statutory legacy of £322,000 and half the £520,000 residue (i.e. £260,000).
A died, survived by his wife (B) and daughter(C). His validly executed will includes only the following gifts:
(a) My house to my wife
(b) £50,000 to my daughter
A’s succession estate comprises the following property (all solely owned):
A house
Bank accounts containing £100,000
Personal chattels
Which of the following correctly explains how A’s estate will be distributed?
A. A is intestate because his will does not dispose of his entire estate. All his property will be dealt with under the intestacy rules.
B. A is partially intestate because his will does not dispose of his entire estate. The house will pass to B. C will receive £50,000. The remaining £50,000 and A’s personal chattels will be dealt with under the intestacy rules.
C. A is partially intestate because his will does not dispose of his entire estate. The house will pass to B. C will receive the contents of the bank accounts. The personal chattels will be dealt with under the intestacy rules.
D. A is testate because he has a validly executed will. The house will pass to B. C will receive the contents of the bank accounts. The personal chattels will be divided equally between B and C.
E. A is intestate because his will does not dispose of his entire estate. The house will pass to B. C will receive £50,000. The remaining £50,000 and A’s personal chattels will be dealt with under the intestacy rules.
B. A is partially intestate because his will does not dispose of his entire estate. The house will pass to B. C will receive £50,000. The remaining £50,000 and A’s personal chattels will be dealt with under the intestacy rules.
Any property covered by the will is dealt with in accordance with that will. The remainder passes in accordance with the intestacy rules
Which of the following would be included in a deceased person’s succession estate?
A. A life interest in a trust, a share of a house owned as tenants in common and cash held in a bank account.
B. A vested remainder interest in a trust, a share of a house owned as joint tenants and cash held in a bank account.
C. A vested remainder interest in a trust, a share of a house owned as tenants in common and cash held in a bank account.
D. A remainder interest in a will trust which is contingent on the deceased surviving the life tenant, a share of a house owned as tenants in common and a life assurance policy not written in trust.
E. A remainder interest in a trust which is contingent on the deceased surviving the life tenant, a share of a house owned as tenants in common and a life assurance policy written in trust.
C. A vested remainder interest in a trust, a share of a house owned as tenants in common and cash held in a bank account.
All of these assets would be included in the succession estate. Note that the position would be different if the deceased held a life interest in the will trust or the house was held as joint tenants.
A died yesterday. His estate consisted of the following assets (all solely owned unless otherwise stated:
House £400,000 Antiques worth £180,000 (owned with B as joint tenants). Bank accounts £25,000 Life Assurance Policy £50,000 (not written in trust)
A was also the life tenant of C’s estate. There was £100,000 in the trust fund at A’s death. B is the remainderman.
What is the value of A’s succession estate?
A. £565,000
B. £475,000
C. £575,000
D. £655,000
E. £425,000
B. £475,000
A was the sole owner of the house, the bank accounts and the life policy proceeds (which were not written in trust). The antiques pass to B via survivorship.
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.
A. Who is entitled to share in the distribution of the woman’s estate?
B. The son and daughter only.
C. The husband, son, daughter and grandchild only.
D. The husband, son, step-son and daughter only.
E. The son and step-son only.
F. The husband, son and daughter only.
F. The husband, son and daughter only.
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?
A. His aunt only.
B. His brother only.
C. His brother and his nephew only.
D. His brother and his sister’s estate only.
E. His aunt, his brother and his nephew only.
C. His brother and his nephew only.
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. 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?
A. Bank account, personal possessions and cash only.
B. The property, bank account and personal possessions only.
C. The property, bank account, personal possessions and cash only.
D. Bank account, personal possessions, cash, and the amount payable under the discretionary pension scheme only.
E. The property, bank account, personal possessions, cash, and the amount payable under the discretionary pension scheme.
A. Bank account, personal possessions and cash only.
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?
A. 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.
B. 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.
C. The man’s civil partner will receive the entire estate passing under the intestacy rules. The man’s son will receive nothing.
D. 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.
E. 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.
B. 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 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.
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?
A. Her granddaughter and brother only.
B. Her daughter-in-law only.
C. Her grandchild only.
D. Her parents only.
E. Her daughter-in-law and grandchild only.
C. Her grandchild only.
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.
