Property passing outside the will or intestacy Flashcards
ο»ΏWhat happens if the decedent was survived by a spouse for at least 28 days and had no issue (children/grandchildren)?
The spouse is entitled to the entire estate.
How is the estate divided if the decedent was survived by a spouse and issue (children/grandchildren)?
- The spouse takes all tangible movable property (excluding money, investment property, and business property).
How is the estate divided if the decedent was survived by a spouse and issue (children/grandchildren)?
- The spouse also receives Β£270,000.
How is the estate divided if the decedent was survived by a spouse and issue (children/grandchildren)?
- The spouse gets half of the remaining property.
How is the estate divided if the decedent was survived by a spouse and issue (children/grandchildren)?
- The children split the rest of the estate.
Can the surviving spouse require the matrimonial home from the estate?
Yes, the surviving spouse can require the personal representative to give the matrimonial home in partial or total satisfaction of their interest. If the home is worth more than their share, they must pay the difference.
What happens if the decedent had no spouse at death?
The estate passes as follows:
What happens if the decedent had no spouse at death?
- To the decedentβs children, or grandchildren if the children predeceased the decedent.
What happens if the decedent had no spouse at death?
- If no issue, to the decedentβs parents.
What happens if the decedent had no spouse at death?
- If none, to the decedentβs full-blood siblings.
What happens if the decedent had no spouse at death?
- If none, to half-blood siblings.
What happens if the decedent had no spouse at death?
- Beyond this, to grandparents, then uncles and aunts, then the Crown.
How is an adopted child treated in terms of inheritance?
An adopted child is treated as a child of their adoptive parents and not their natural parents.
