Intestacy Rules Flashcards
What do personal representatives do with property on intestacy?
They hold the property on trust with power to sell
Who are ‘issue’ for intestacy purposes?
Children and linear descendants, including legitimate, illegitimate, legitimated, adopted, and unborn children conceived before death.
What is the 28-day survivorship rule?
A spouse must survive the deceased by at least 28 days to inherit under the intestacy rules. This rule does not apply to other beneficiaries.
What if the deceased leaves a spouse but no issue?
The spouse inherits the entire estate absolutely.
What if the deceased leaves issue but no spouse?
The issue inherit the entire estate on the statutory trusts.
What if the deceased leaves both a spouse and issue?
- Spouse receives:
* Personal chattels
* Statutory legacy of £322,000 plus interest
* Half the residue absolutely - Issue receive the other half of the residue on statutory trusts
What is the ‘contingency limb’ of the statutory trusts?
A beneficiary must survive the deceased and reach age 18 to inherit. Until then, the interest is contingent.
What is the ‘substitution limb’ of the statutory trusts?
If a beneficiary dies before the deceased, their own issue may inherit in their place, provided they also satisfy the contingency limb.
Who inherits if the deceased leaves no spouse or issue?
The estate passes in this order:
- Parents
- Whole blood siblings
- Half blood siblings
- Grandparents
- Whole blood uncles/aunts
- Half blood uncles/aunts
- The Crown (bona vacantia)
If more than one person qualifies in a category, how is the estate divided?
Equally among them on the statutory trusts.
What are personal chattels
Tangible movable property, excluding:
- Money or securities
- Business-use property
- Property held solely as an investment
How are remaining assets (like statutory legacy and residue) distributed?
At the personal representatives’ discretion. They decide which specific assets satisfy each entitlement.
Can a surviving spouse appropriate the marital home?
Yes, they can apply to appropriate the home in satisfaction of their entitlement.
When and how must a surviving spouse elect to appropriate the home?
In writing within 12 months of the grant of representation. The home is valued at the date of appropriation.
Are there limits on the right to appropriate the home?
Yes. Court consent is needed if the home is part of a building or used for business purposes.
