The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
If the deceased died totally or partially intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:
all the movable property of the deceased wherever situated, provided the intestate was domiciled in England and Wales and
all immovable property of the deceased in England or Wales, whether the deceased was domiciled there or elsewhere
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.
There is no statutory definition of intestacy.
A total intestacy occurs when none of the deceased’s property is disposed of because:
the deceased did not make a Will
the Will was ineffective
the Will was revoked, either expressly or by operation of law or
all the beneficiaries named in the Will predeceased the testator
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.
The intestacy rules apply to the undisposed-of residuary estate of the deceased. The residuary estate to
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