Intestate Succession

Question 1

1. prior right

Answer 1

Dwellinghouse- up to a certain amount of money- have to be ordinarily resident

Plemishings right - relict has a right to the furniture to the sun of £29,000

Financial Provision - right to money, amount depends on weather the deceased left issue £50000 if they did and £89,000 if they did not

Question 2

2. Relics right

Answer 2

Also known as legal rights enables the spouse or CP to take a third of the moveable estate if the deceased left issue or half if the deceased left no issue

Question 3

3. Cohabitants right

Answer 3

Court has the power to make an award to the Cohab but the power is discretionary

S29 if the family law coronas act sets out the requirements to be able to claim a right, you would receive part of the net estate or get a property transfer order, maxim means they would never get the same as a spouse or CP

Question 4

4. Legitum

Answer 4

If there is no cohabitant the legitum is a third of the value of the net moveables, it is the right to money

Question 5

5. Free estate

Answer 5

Dears part means anything left from the estate after the satisfaction of prior rights, cohab rights however sometimes there is no free estate

Question 6

Ultimus Haereus

Answer 6

Anyone as far away in your family can inherit you intestate wise

Question 7

Artificial intestacy

Answer 7

If someone rejects their legacy then sometimes the estate can go intestate in order to get a greater amount of money

Question 8

Partial intestacy

Answer 8

When the will fails to dispose of the full estate it will fall into intestacy and will be distributed under S2 if the 1964 Act