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

A thorough search should be made to ascertain if the deceased made a Will.

If no Will is found, enquiries should be made of the deceased’s next of kin and any known advisers that the deceased had instructed in their lifetime in relation to estate planning to ascertain whether a Will was made and 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 the Will was revoked, either expressly or by operation of law or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 named in the Will 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

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