Wills Intestacy Rules Flashcards
Who is issue?
Children and remoter descendants, whether legitimate, illegitimate and adopted children
NOT a natural child adopted by another person or an UNadopted stepchild
Can a co-habiting partner inherit under intestacy?
No
Explain intestacy rules if there is both spouse and children
SPOUSE
- First 322k + interest from date of death
- Personal chattels
-1/2 Residue
CHILDREN/direct descendants
1/2 residue
What happens in intestacy when U18 inherit?
Held on statutory trust per stirpes until married or 18+
What is the survivorship period for intestacy?
Surviving spouse must be married and survive deceased by 28 days
Otherwise they are treated as having died before the testator
Under intestacy, who gets to arrange the funeral?
Spouse if no valid will
Otherwise executor
What is the entitlement of spouse in intestacy without children?
They take everything
28 day survivorship
What happens if a U18 beneficiary dies while their inheritance is being held on trust?
Share distributed amongst remaining beneficiaries
OR if they have kids – goes to them
What happens in intestacy if the children are alive but spouse isn’t?
Children share equally
What is the order of intestacy?
Spouse
Children
Parents
Whole blood siblings
Half blood siblings
Grandparents (equally)
Whole uncles/aunts
Half uncles/aunts
The Crown
When can nephews/nieces inherit under intestacy?
If their parent is deceased
When can a cousin inherit in intestacy?
Uncle/aunt is dead
What rights does the surviving spouse have over the matrimonial home?
Election to appropriate
Can purchase it or the deceaseds share
Which children are included under intestacy?
Those inside and out of the mother at the date of death
What property passes outside the succession estate?
Jointly owned
Statutory nominations
Mortis Causa
What property is not succession or included for IHT?
Proceeds of life policies written in trust
Discretionary occupation pension scheme benefits
