Chapter 4: Intestacy

Question 1

Under the rules of intestacy, how long must a spouse survive their deceased partner?

Answer 1

At least 28 days.

Question 2

What is a surviving spouse entitled to if the deceased did not have any issue (children)?

Answer 2

The spouse will be entitled to the entire estate provided that they survive the deceased by at least 28 days

Question 3

Under the rules of intestacy, what will a surviving spouse with issue (children) take?

Answer 3

1. Personal chattels
2. £322,000
3. One half of residue

The deceased’s issue will only take the other half of the residue once they reach 18

Question 4

What can the surviving spouse require the personal representatives to do with respect to the couple’s matrimonial home?

Answer 4

A surviving spouse can require the personal representatives to give the spouse the matrimonial home (or the deceased’s share if they were beneficial tenants in common).

Question 5

Matrimonial home

If the matrimonial home is worth more than the spouse/civil partner’s entitlement (£322,000), can the spouse/civil partner still retain the matrimonial home?

Answer 5

Yes, provided that they pay the shortfall

E.g. according to the intestacy rules the surviving spouse/civil partner is entitled to £322,000 and the matrimonial home is worth £342,000.

The surviving spouse/civil partner may therefore receive the matrimonial home but will have to pay to the PRs an amount of £20,000 being the difference between the value of the house and the amount to which the spouse/civil partner is entitled.

The amount of £20,000 will then form part of the rest of the estate to be divided into the two equal funds as discussed above.

Question 6

If there is no surviving spouse, what is the order of entitlement?

Answer 6

1. The deceased’s children (if child predeceases decendant but is survived by their own children, the children will split the paren’t share per stripes)
2. The deceased’s parents (equally if both alive)
3. Brothers and sisters of whole blood
4. Brothers and sisters of half blood
5. Grandparents
6. Uncles and aunts of whole blood
7. Uncles and aunts of half blood
8. The Crown

Question 7

If a person satisfies a particular category, will the subsequent categories be ignored?

E.g. A sibling is alive, but so is an uncle

Answer 7

Yes as soon as a person falling into a particular category is identified, the other categories are ignored.

Question 8

If there are multiple members of a class, how will the estate be shared?

Answer 8

Equally

Question 9

What are statutory trusts?

Answer 9

A class member’s issue takes parent’s share per stripes if a class member is predeceased

Exception - Parents and grandparents

Question 10

Which two classes do statutory trusts not apply to?

Answer 10

1. Parents
2. Grandparents

Question 11

What will happen if a potential beneficiary is living at the intestate’s death but subsequently dies before attaining a vested interest (before reaching 18)?

Answer 11

• If there are any issue, they will take their deceased’s parent’s interest on statutory trust
• If there is no issue, the estate is administered as if the beneficiary did not exist

Question 12

If a person dies intestate and their parents were never married, what does the law assume?

Answer 12

That their father has not survived the deceased (unless their is evidence to the contrary or the father is named on the birth certificate)