Q&As

An intestate had a bank account in Spain. Does this form part of the intestate's estate for calculating the statutory legacy due to the spouse?

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Published on LexisPSL on 29/09/2017

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  • An intestate had a bank account in Spain. Does this form part of the intestate's estate for calculating the statutory legacy due to the spouse?

An intestate had a bank account in Spain. Does this form part of the intestate's estate for calculating the statutory legacy due to the spouse?

When a person dies intestate his or her estate is distributed according to the intestacy rules specified in the Administration of Estates Act 1925 (AEA 1925) as amended over the years. More specifically, these rules state who will receive what share of the deceased’s estate. If a person dies leaving a surviving spouse and children or other close relatives, and the estate is of a sufficient value, the surviving spouse will receive a specified lump sum referred to as the statutory legacy.

There does not appear to be a definition of ‘estate’ (that is, indicating a distinction between internal and foreign assets) within AEA

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