Law of Wills and Succession: Chap 4 - Intestacy

Question 1

what is meant by the term ‘intestacy’?

Answer 1

someone dies without a will

Question 2

where does the definition of intestacy come from?

Answer 2

Administration of Estates Act 1925

Question 3

what happens to the property upon the death of an intestate under s33 AEA 1925?

Answer 3

it is subject to a statutory trust

Question 4

who can be PR on intestacy?

Answer 4

anyone who has a beneficial interest in the estate

Question 5

What does R22 Non-Contentious Probate Rules 1987 do?

Answer 5

details the order of priority for obtaining the grant is contained

Question 6

How many PRs must there be when there are minor beneficiaries under s114(2) Senior Courts Act 1981

Answer 6

at least 2

Question 7

where can you find the list of priority for an intestate estate?

Answer 7

s46 AEA 1925

Question 8

How long must spouse survive by to be entitled to estate?

Answer 8

28 days

Question 9

If D left spouse and issue what would spouse be entitled to?

Answer 9

personal chattels
first 270k of estate
half of the residue

Question 10

Under which act can PR appropriate family home for the satisfaction of any persons interest in the estate?

Answer 10

s41 AEA 1925 and sch 2 Intestates’ Estates Act 1952