Q&As

Where property is held on the statutory trusts for the issue of an intestate, do the issue take as tenants in common or as joint tenants?

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Published on LexisPSL on 29/03/2018

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Where property is held on the statutory trusts for the issue of an intestate, do the issue take as tenants in common or as joint tenants?

Where property is held on the statutory trusts for the issue of an intestate, do the issue take as tenants in common or as joint tenants?

Where a person dies 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 (Re Collens)

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

For general guidance on the intestacy rules, see Practice Note: Entitlement on intestacy.

Under AEA 1925, s 47 where the residuary estate of an intestate is held on statutory trusts for the issue (children) of the intestate, the trust shall be held:

‘(i) In trust, in equal shares if more than one, for all or any the children or child of the

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