The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
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the deceased's Will was revoked
the Will does not contain any disposition of the deceased's property
the Will, although valid, fails to be effective because, for instance, the sole beneficiary predeceased the deceased
The intestacy rules apply to the residuary estate of the deceased not otherwise disposed of, ie the property that remains after all of the deceased's debts have been paid and any valid legacies effected. The rules apply only to property that could have been disposed of under the deceased's Will had they made one, so, eg do not operate in relation to assets held jointly by the deceased and another person.
Before 1926, intestate succession to realty was governed by the rules of inheritance under which realty passed to the heir-at-law. If there were no surviving sons or their issue, realty devolved equally to
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