Intestacy Law: Succession and Asset Distribution

Study Notes

Intestacy Law

Intestacy law, also known as intestate succession, refers to the legal framework that governs the distribution of a person's property and assets when they die without a valid will.

Key Principles:

Intestacy: The state of dying without a valid will, leaving the distribution of assets to be determined by law.
Testate: The state of dying with a valid will, where the distribution of assets is governed by the will.

Rules of Intestacy:

Spouse or Civil Partner: The spouse or civil partner is entitled to the entire estate if there are no children, parents, or siblings.
Children: If there are children, the spouse or civil partner receives a statutory legacy (a fixed amount) and the remainder is divided equally among the children.
Parents: If there are no children, the parents are entitled to the entire estate.
Siblings: If there are no children or parents, the siblings are entitled to the entire estate.
Nieces and Nephews: If there are no siblings, the nieces and nephews are entitled to the entire estate.
Distant Relatives: If there are no nieces and nephews, the estate is divided among more distant relatives.
Crown: If there are no relatives, the estate passes to the Crown.

Priority of Claims:

Funeral Expenses: Funeral expenses are paid first from the estate.
Debts: Debts are paid next, including taxes, utility bills, and other liabilities.
Statutory Legacy: The statutory legacy is paid to the spouse or civil partner, if applicable.
Other Claims: Other claims, such as those from relatives or charities, are paid last.

Challenging Intestacy:

Claims under the Inheritance (Provision for Family and Dependants) Act 1975: Certain family members and dependants can make claims against the estate if they believe they have not been adequately provided for.
Disputes over Intestacy: Disputes over the distribution of assets can arise, and may be resolved through court proceedings.

Intestacy Law

Definition

Intestacy law refers to the legal framework governing property distribution when a person dies without a valid will.

Key Principles

Intestacy: dying without a valid will, leaving asset distribution to be determined by law.
Testate: dying with a valid will, where asset distribution is governed by the will.

Rules of Intestacy

Spouse or civil partner inherits entire estate if there are no children, parents, or siblings.
If there are children, spouse or civil partner receives a statutory legacy and remainder is divided equally among children.
Parents inherit entire estate if there are no children.
Siblings inherit entire estate if there are no children or parents.
Nieces and nephews inherit entire estate if there are no siblings.
Distant relatives inherit estate if there are no nieces and nephews.
Estate passes to the Crown if there are no relatives.

Priority of Claims

Funeral expenses are paid first from the estate.
Debts, including taxes and utility bills, are paid next.
Statutory legacy is paid to the spouse or civil partner, if applicable.
Other claims, including those from relatives or charities, are paid last.

Challenging Intestacy

Certain family members and dependants can make claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Disputes over asset distribution can arise, and may be resolved through court proceedings.

Description

Learn about the legal framework that governs the distribution of a person's property and assets when they die without a valid will. Understand the key principles of intestacy and testate, and the rules that apply.