WAE 1

Question 1

How do the intestacy rules operate when there is a surviving spouse and a surviving issue?

Answer 1

Spouse receives all personal chattels absolutely
Spouse receives a statutory legacy of £322,000 (taken from estate)
Residuary estate is divided in half, held for the spouse absolutely and for the issue on statutory trust
Must survive the deceased by 28 days

Question 2

What happens to the family home if the testator held the interest in their sole name/as tenants in common (and they are married)?

Answer 2

Interest will form part of the residuary estate

Spouse must ask PRs to appropriate family home in full/partial satisfaction of their interests in the estate
- They must be living in the property to exercise this right
- If the house is worth more than their entitlement, will be required to pay equality money to the estate

Question 3

What is the order of entitlement under the intestacy rules where there is no living spouse?

Answer 3

1. Issue under statutory trust
2. Parents
3. Siblings
4. Half siblings
5. Grandparents
6. Uncles/aunts
7. Half uncles/aunts
8. Crown/Duchy of Lancaster/Cornwall

Question 4

What is ademption?

Answer 4

Where a gift fails because the testator no longer owns property at death

Question 4

What are the 3 ways to revoke a will? Explain each of them.

Answer 4

1. By later will/codicil
   - Usually a declaration in later will
   - Conditional revocation = revocation may be held to be invalid if it is not validly executed
   => The original wording will stand
2. Destruction
   - Destroyed by testator/someone in their presence and they intended to do so
   - NOT a requirement for there to be witness (although it may be useful)
3. Marriage
   - Marrying after executing a will revokes that will
   - Exceptions: (1) expectation of a forthcoming marriage to a particular person (2) testator must intend that the will is not revoked by marriage

Question 5

When does a gift lapse? Explain the effects of s 184 LPA 1925 and s 33 WA 1837.

Answer 5

A gift lapses if the beneficiary dies before the testator

s 184 LPA 1925: if testator and beneficiary die close together and it cannot be discerned who died first, eldest will be deemed to have died first

s 33 WA 1837: gift to testator’s child, but child dies before testator, if they leave an issue who survives the testator, the gift does not lapse but passes to the beneficiary’s issue
- Does NOT apply to child of anyone other than testator