The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
STOP PRESS: A new fixed net sum of £270,000 has been set with effect from 6 February 2020, in accordance with Schedule 1A to the Administration of Estates Act 1925, as amended by Schedule 1 to the Inheritance and Trustees’ Powers Act 2014, in England and Wales. This sum is also known as the statutory legacy and represents the amount which passes to a surviving spouse or civil partner of an individual who died intestate who also left surviving issue. For further information, see: Administration of Estates Act 1925 (Fixed Net Sum) Order 2020, LNB News 16/01/2020 7.
If the deceased died 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 total intestacy occurs when all of the deceased's property is undisposed of because:
the deceased did not make a Will
the deceased left an invalid Will
the deceased's Will may have been revoked
the Will may not contain any disposition of the deceased's property
the Will may be valid but fail to be effective because, for instance, the sole beneficiary predeceased the
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.