Entitlement on an intestacy
Entitlement on an intestacy

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Entitlement on an intestacy
  • The intestacy rules
  • Enquiries
  • Reasons for total intestacy
  • Reasons for partial intestacy
  • The statutory trust
  • Entitlement under the intestacy rules
  • Statutory legacy (fixed net sum) due to a surviving spouse or civil partner
  • Children
  • Accounting for advancements (hotchpot)
  • more

The intestacy rules

If the deceased died totally or partially intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:

  1. all the movable property of the deceased wherever situated, provided the intestate was domiciled in England and Wales and

  2. all immovable property of the deceased in England or Wales, whether the deceased was domiciled there or elsewhere

Enquiries

Make a thorough search for the Will.

If no Will is found, make enquiries to ascertain whether a Will was made and has been lost.

Reasons for total intestacy

There is no statutory definition of intestacy.

A total intestacy occurs when none of the deceased’s property is disposed of because:

  1. the deceased did not make a Will

  2. the Will was ineffective

  3. the Will was revoked, either expressly or by operation of law or

  4. all the beneficiaries predeceased the testator

Reasons for partial intestacy

A partial intestacy arises where the Will did not dispose of all the estate. The part of the estate not dealt with by the Will must be administered in accordance with the intestacy rules.

Ascertainment of residuary estate

The intestacy rules apply to the undisposed-of residuary estate of the deceased. The residuary estate to which the rules relating to intestacy apply is the property that remains after all of the testator’s debts

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