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#16671 - Intestate Succession - Private Client

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INTESTATE SUCCESSION

Intestacy Rules

S.33 Administration of Estates Act 1925

  • If a person dies intestate, his PRs hold all his property on trust, with a power to sell it

  • Debts and other liabilities together with administration expenses are met from the ‘fund’

  • The residue must then be distributed by the PRs in accordance with the scheme below

If any siblings, half-siblings, aunts and uncles, and half aunts and uncles have already died, their children will inherit their share of the estate.

Personal Chattels –

S.55(1)(X) AEA 1925

“tangible movable property, other than any such property which—

  • consists of money or securities for money, or

  • was used at the death of the intestate solely or mainly for business purposes, or

  • was held at the death of the intestate solely as an investment”

items of personal property such as clothes, jewelry, furniture, etc.

Example:

John has just die without leaving a will. He was a sole trader, and owned a car that he used for travelling to see customers during the week. At weekends and evenings he used the car for normal domestic purposes such as shopping and holidays. Will the car be classified as a personal chattel?

  • Depends on factual usage

  • Take into account what was claimed as a business expense
Spouse/ Civil Partner

  • Will only benefit if they survive the deceased by 28 days

  • Otherwise, the estate will be distributed as if the deceased had not been married or in a civil partnership
Children/
Issue

  • Includes children en ventre sa mere

  • Includes adopted children (who are regarded as brothers and sisters of the whole blood of any other children of an adopting married couple)

  • Includes illegitimate children – see Family Law Reform Acts 1969 & 1987

  • Artificial insemination – s.27 Family Law Reform Act 1987 & s.27 Human Fertilisation and Embryology Act 1990
Minors

  • Where children are benefitting under intestacy, their inheritance will be held under a statutory trust for them

  • Contingent on them reaching the age of 18 or marrying before the age of 18

The Statutory Trusts

  • S.47 AEA 1925: trusts for the benefit of those children of the intestate and the issue of deceased children who are living or en ventre sa mere at the intestate’s death, and who attain the age of 18 or marry before the age of 18

  • The surviving children take in equal shares

  • The issue of deceased children take per stirpes through all if living at the intestate’s death

Right of Spouse/Civil Partner to “Matrimonial Home”

  • S.5 Intestates’ Estate Act 1952: a surviving spouse/civil partner has the right to require the PRs to appropriate to him/her the dwelling house in which he/she was resident at the time of the intestate’s death (where an...
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