Intestacy in UK Law

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Leading Cases
  • Randall v Randall
    • Court of Appeal (Civil Division)
    • 27 Mayo 2016

    There is no doubt that a creditor of an estate does not have sufficient interest in an estate to bring a probate claim and that Menzies is still good law. The interest of the creditor of a beneficiary is to ensure that the beneficiary receives what is due to him or her under the will or on an intestacy. The interest of a creditor of an estate is to ensure that there is due administration of the estate. The creditor of the estate is not interested in which beneficiary receives what.

  • Marshall (Inspector of Taxes) v Kerr
    • House of Lords
    • 30 Junio 1994

    In English law the rights of a testamentary legatee in the unadministered estate of a testator are well settled: see Lord Sudeley v. Attorney General [1897] A.C. 11 and Commissioner of Stamp Duties (Queensland) v. Livingston [1965] A.C. 694. A legatee's right is to have the estate duly administered by the personal representatives in accordance with law. But during the period of administration the legatee has no legal or equitable interest in the assets comprised in the estate.

  • Re Krubert (Deceased)
    • Court of Appeal (Civil Division)
    • 27 Junio 1996

    In the latter case the provision referred to is such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his or her maintenance. In the former it is such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive whether or not it is required for his or her maintenance.

  • Re Whitrick, deceased ; Sutcliffe v Sutcliffe
    • Court of Appeal
    • 17 Mayo 1957

    Many wills contain slips and omissions and fail to provide for oontlngencies which to anyone reading the will, mlight appear contingencies for which any testator would obviously wish to provide. This type of treatment of an imperfect will is only legitimate where the court can collect from the four corners of the docuisent that something has been omitted and, further, collect with sufficient precision the nature of the omission.

  • Finnegan v Cementation Company Ltd
    • Court of Appeal
    • 15 Abril 1953

    As to the law, so far as this Court is concerned it seems to me to be settled by the cases of Ingall -v- Moran and Hilton -v- Sutton Steam Laundry and, I may add, Burns -v- Campbell, reported in 1951, 2 All England Reports at page 965, that an action commenced by a plaintiff in a representative capacity which the plaintiff does not in fact possess is a nullity, and, further, that it makes no difference that the claim made in such an action is a claim under the Fatal Accidents Acts which the plaintiff could have supported in a personal capacity as being one of the dependants to whom the benefit of the Acts extends.

  • Burrows v HM Coroner for Preston
    • Queen's Bench Division
    • 15 Mayo 2008

    At common law if there is no property in the body of a deceased person various people have rights and duties in relation to it. First, the deceased's personal representatives, the executors of the will or the administrators of the estate when the deceased dies intestate, have the right to determine the mode and place of disposal of the body, even where other members of the family object.

    In the light of Buchanan v Milton, the domestic law is clear. If there are no personal representatives, then it must be asked: who has the best claim to be appointed as administrator of a deceased person's estate. As demonstrated by the result in Buchanan, the situations where the order of priority will be varied will be rare indeed.

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Legislation
  • Administration on Intestacy Act 1357
    • UK Non-devolved
    • 1 de Enero de 1357
  • Legitimacy Act 1926
    • UK Non-devolved
    • 1 de Enero de 1926
    ... ... and shall have effect subject to the terms of the disposition ... and to the provisions therein contained ... Succession on intestacy of legitimated persons and their issue.4 Succession on intestacy of legitimated persons and their issue ... 4. Where a legitimated person or a ... ...
  • Intestates' Estates Act 1952
    • UK Non-devolved
    • 1 de Enero de 1952
    ... ... of this Act, section forty-nine of the principal Act ... (which contains modifications of the general rules of intestacy ... in cases of partial intestacy) shall have effect subject to the ... amendments set out in this section ... (2) In the said section ... ...
  • Inheritance (Provision for Family and Dependants) Act 1975
    • UK Non-devolved
    • 1 de Enero de 1975
    ... ... order under section 2 of this Act on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant ... (1A) This subsection ... ...
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Books & Journal Articles
  • Intestacy Rules
    • Appendices
    • Wills A Practical Guide - 2nd Edition
    • Lesley King/Peter Gausden
    • 269-275
  • Trying to Square the Circle: Comparative Remarks on the Rights of the Surviving Spouse on Intestacy
    • No. , January 2020
    • Edinburgh Law Review
    • 123-131
  • Enduring Love? Attitudes to Family and Inheritance Law in England and Wales
    • No. 38-2, June 2011
    • Journal of Law and Society
    This paper reports on the findings from a large‐scale study of public attitudes to inheritance law, particularly the rules on intestacy. It argues that far from the assumption that the family' is i...
    ... ... Morrell** This paper reports on the findings from a large-scale study of public attitudes to inheritance law, particularly the rules on intestacy. It argues that far from the assumption that the ` family' is in terminal decline, people in England and Wales still view their most important ... ...
  • Introduction
    • No. , January 2020
    • Edinburgh Law Review
    • 110-111
    ... ... Yet, or perhaps precisely because of its importance, it is challenging to design a satisfactory set of intestacy rules, not least because of the need to balance manifold interests. Moreover, it is notoriously difficult to reach consensus about what the exact ... ...
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Law Firm Commentaries
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Forms
  • Apply to make decisions on someone's behalf (finances)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... publication; however we do not accept any liability for ... any error it may contain ... • Any prospective beneficiary under any intestacy ... of the person to whom this application relates ... Completing form COP1C ... Please ensure that you provide all relevant information ... to ... ...
  • Orders for provision under the Inheritance (provision for family and dependants) Act 1975
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... and Dependants) Act 1975 the disposition of the estate of the deceased effected both by his Will and Codicils and by the law relating to intestacy be varied in the manner shown in the attached Schedule ... ()   under section 2 of the Inheritance (Provision for Family and Dependants) Act ... ...
  • Form N244
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... If ... you are claiming as a personal representative only and you are not a beneficiary under the ... deceased’s will or intestacy you need only give this information in respect of the deceased ... Where the funds represent proceeds of sale of land or property directed to be paid ... ...
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