Wills

Question 1

If someone dies without making a will, what is this called?

Answer 1

They are said to have died intestate

Question 2

If someone dies without a will, how will their estate be distributed?

Answer 2

It will be disposed of according to the laws of intestacy

Question 3

Who is responsible for paying any IHT due?

Answer 3

The executors

Question 4

What will not be issued until IHT is paid?

Answer 4

Grant of probate

Question 5

Who is responsible for declaring a deceased person’s assets and any gifts made in the last 7 years, and distributing their estate in accordance with the will?

Answer 5

The executors

Question 6

What does a marriage do to a will?

Answer 6

It automatically revokes it unless the will states it was made in anticipation of the marriage

Question 7

If somebody makes a will, then remarries without making a new one, what will happen if they die?

Answer 7

They will die intestate because the marriage would have automatically revoked the will

Question 8

What does divorce or dissolution of a civil partnership do to a will?

Answer 8

It disinherits a former spouse, unless the wording clearly states that divorce should not change the entitlement

Question 9

To obtain Letters of Administration when a person dies intestate, where must the administrator apply for this?

Answer 9

The Probate Registry

Question 10

If somebody dies intestate with no spouse, children or remoter descendants, who is their estate passed to?

Answer 10

The Crown

Question 11

If somebody dies intestate and they have no spouse or civil partner, who is their estate passed to?

Answer 11

1. Children
2. Grandchildren (if there’s no children)
3. Parents (if there’s no grandchildren)
4. Full siblings (if there’s no parents)
5. Half siblings (if there’s no full siblings)
6. Grandparents (if there’s no half siblings)
7. Full uncles and aunts (if there’s no grandparents)
8. Half uncles and aunts (if there’s no full uncles and aunts)

Question 12

If somebody dies intestate and they have no children or remoter descendants but do have a spouse or civil partner, who is their estate passed to?

Answer 12

The spouse or civil partner (absolutely)

Question 13

If somebody dies intestate and they have a spouse or civil partner and children or remoter descendants, who is their estate passed to?

Answer 13

The spouse or civil partner inherits:
~ jointly owned assets
~ personal chattels
~ the first £270,000 absolutely
~ half of the remainder absolutely

The children inherit the remaining half of the excess above £270,000, held in trust until they reach 18

Question 14

Give 2 examples of personal chattels

Answer 14

Furniture, car