Intestacy in UK Law
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Marshall (Inspector of Taxes) v Kerr
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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.
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Re Whitrick, deceased ; Sutcliffe v Sutcliffe
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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.
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Burrows v HM Coroner for Preston
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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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Finnegan v Cementation Company Ltd
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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.
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Re Krubert (Deceased)
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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.
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Rebecca Millburn-Snell and Others v Susan Cecile Evans
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I regard it as clear law, at least since Ingall, that an action commenced by a claimant purportedly as an administrator, when the claimant does not have that capacity, is a nullity. That principle was recognised and applied by this court in Hilton v. Sutton Steam Laundry [1946] KB 65 (per Lord Greene MR, at 71) and Burns v. Campbell [1952] 1 KB 15 (per Denning LJ, at 17, and Hodson LJ, at 18). In Finnegan v. Cementation Co. Ltd [1953] 1 QB 688, Jenkins LJ said, at 700:
The reason that any such application should and would have failed is because Part 19.8(1) does not, in my view, have any role to play in the way of correcting deficiencies in the manner in which proceedings have been instituted. But on any basis it appears to me clear that it is no part of the function of Part 19.8(1) to cure nullities and give life to proceedings such as the present which were born dead and incapable of being revived.
- Administration on Intestacy Act 1357
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Legitimacy Act 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 ... ...
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Administration of Estates Act 1925
... ... of every preceding testator ... (3) The chain of such representation is broken by— ... ) an intestacy; or ... ) the failure of a testator to appoint an ... executor; or ... ) the failure to obtain probate of a will; ... but is not broken by a ... ...
- Succession (Scotland) Act 1964
- Intestacy Rules
- Trying to Square the Circle: Comparative Remarks on the Rights of the Surviving Spouse on Intestacy
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Enduring Love? Attitudes to Family and Inheritance Law in England and Wales
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 ... ...
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Introduction
... ... 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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Apply to make decisions on someone's behalf (finances)
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 ... ...
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Orders for provision under the Inheritance (provision for family and dependants) Act 1975
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 ... ...
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Form N244
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 ... ...