Q&As

A partial intestacy has arisen as a result of a deed of disclaimer by a beneficiary under a Will. Probate of the Will has been applied for and granted. What action is required in order to administer the assets which are the subject of the partial intestacy?

read titleRead full title
Published on LexisPSL on 13/06/2018

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • A partial intestacy has arisen as a result of a deed of disclaimer by a beneficiary under a Will. Probate of the Will has been applied for and granted. What action is required in order to administer the assets which are the subject of the partial intestacy?

A total intestacy arises where the deceased has made no effective provision for the disposition of his property on death but a partial intestacy arises where the deceased has made a Will but for some reason or another a provision of that Will fails and the terms of the Will do not deal with that eventuality. Thus, if a Will leaves a gift to the deceased’s child, Sally, but Sally has predeceased the deceased then the gift fails. The sum given may then fall into residue but if there is no gift of residue or the gift of residue fails then there will be a partial intestacy. In this event, the Will is still the controlling instrument and the estate including that passing on intestacy is administered by the executors without the need for a separate grant. Sections 33, 46, 47 and 48 of the Administration of Estates Act 1925 (AEA 1925) will only be applied insofar as they can be applied consistently with the provisions of the Will. One example of where this may be significant is where the deceased gave his surviving spouse a life interest in th

Related documents:

Popular documents