Lecture Three: Distributing Property in an Intestacy Situation Flashcards
Do partners/cohabitants have a status under intestacy rules?
No.
Which children qualify under the intestacy rules?
Biological children, adopted children and children born outside of marriage. Note that step children do not qualify.
If the family home passes through the intestacy rules, what is the position of the spouse/civil partner?
They can stake a claim for the family home if they are living in the property. If not covered by their inheritance, they must pay ‘equality money’ to bridge the gap.
What happens if a child dies without attaining their vested interest via the intestate?
Normally, their interest fails and their estate is distributed like they had not existed. However, if they have living issue upon their death, it will pass to them.
What happens on the intestacy of an individual whose parents were not married to each other?
It is presumed that the person has not been survived by their father or anyone related to them by their father unless the contrary is shown.
What happens if a child with a contingent interest is adopted before fulfilling the statutory trusts?
The child ceases to be entitled under the statutory rules. This is unless this relates to an interest in the estate of a deceased parent immediately before adoption.
What happens if a spouse/civil partner dies within 28 days of the deceased’s death?
They are treated as having not survived their spouse/civil partner. As a result, ‘Situation 3’ applies ie the hierarchy of default beneficiaries.
