Intestate succession - prior rights

Question 1

What statutory provisions for prior rights? [2s]

Answer 1

• ss 8-9

- and CPA 2004 sch 28 for civil partners

Question 2

(1) Dwellinghouse right - [s]? and ££?

Answer 2

s8(1)

£473k

Question 3

(1) Dwellinghouse right - criteria

Answer 3

• Surviving spouse ordinarily resident @ date of death
• Deceased must have had a relevant interest in it
• If more than 1 house, make an election within 6 months (s8(1))

Question 4

(1) Dwellinghouse right - exceptions

Answer 4

• Business premises (s8(2)(b))
• Eg farm
• Partnership property – no interest

Question 5

(2) Furniture and plenishings [s] and ££?

Answer 5

s8(3)

£29k max

Question 6

(2) Furniture and plenishings - criteria

Answer 6

• if more than 1 house must make election within 6 months (s8(3))
• Doesn’t have to be same furniture as elected dwellinghouse
• Applies to actual articles of property – not money

Question 7

(2) Furniture and plenishings - exclusions

Answer 7

• any animal/item used for business purposes;
• actual £;
• heirlooms

Question 8

(2) Furniture and plenishings - presumption [s]

Answer 8

• FL(S)A 1985 s25 - co own M

Question 9

(3) Cash right - [s] and ££?

Answer 9

s9

89k/50k

Question 10

(3) Cash right - when paid?

Answer 10

only after s8 rights (dwellinghouse and furniture) are satisfied

Question 11

(3) Cash right - if partial intestacy/special destination? [s]

Answer 11

value of legacy is to be deducted from the cash right/legacy to be renounced s9(1)

Question 12

(3) Cash right - if balance of estate < value of cash right? [s]

Answer 12

transfer whole estate to spouse s9(2)

Question 13

(3) Cash right - if balance of estate > value of cash right? [s]

Answer 13

notional apportionment between H and M

Question 14

WHAT ABOUT COHABITANTS? [s]

Answer 14

• FL(S)A 2006 s29

max available to spouse but court has discretion.

Question 15

Free estate - order of rights? [s]?

Answer 15

section 2