Intestate Succession Flashcards
When can intestacy occur? (5)
- no will
- failure of legacies
- invalid/reduced will
- artificial intestacy
- partial intestacy
What legislation governs intestacy?
Succession (S) Act 1964. Developed by Mackintosh report.
3 stages of intestacy.
1) prior rights
2) legal rights
3) free estate
Who can claim prior rights?
Only spouses/civil partners.
How are prior rights distributed?
A) Dwellinghouse right s8(1)(4) - £473,000
B) Plenishings right s8(3) - £29,000
C) Financial provision
How much financial provision can a relict recieve?
i) if issue
ii) if no issue
How is it paid?
s9(1)
i) £50,000
ii) £89,000
s9(3)
proportional to moveable/immoveable estate
Legal rights available to:
i) relict
ii) issue
i) 1/3 if issue, 1/2 no issue
ii) 1/3 if relict, 1/2 no relict
What is the presumption regarding plenishings?
Family Law (S) Act 1985, s25 - presumption of equal shares unless otherwise proved
Savage v Purches.
Cohabitant claim on intestate estate rejected by court due to pension payment recieved and short period of cohabitation. 2.5 years.
Windram.
Court exercised’s its discretion to award payment. 20 year cohabitation.
Kerr v Mangan.
Property owned in Ireland did not count as part of intestate estate.
What discretionary rights to cohabitants have?
Family Law (S) Act 2006, s29 - apply to court for payment on intestacy, court has discretion to decide
What is the time limit for a s29 claim?
X v A.
- claim can be raised up to 6 months
What is the consequence of s 8(4) 1964 Act?
Dwelling house will be where the deceased was “ordinarily resident”.
Must regularly live in house.
What are the rules of representation?
Rules of representation are attached to free estate.
Children can step forward and claim if someone predeceased.
