Intestacy in UK Law

  • Trying to Square the Circle: Comparative Remarks on the Rights of the Surviving Spouse on Intestacy
    • Nbr. , January 2020
    • Edinburgh Law Review
    • 123-131
  • Enduring Love? Attitudes to Family and Inheritance Law in England and Wales
    • Nbr. 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
    • Nbr. , 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 ......
  • Concluding Reflections
    • Nbr. , January 2020
    • Edinburgh Law Review
    • 147-152
    ......, that due to the lack of coordination between intestate succession laws and legal rights, a surviving spouse may be better off under intestacy than as sole beneficiary under the deceased's will, and thus may be inclined to create an artificial intestacy, at the expense of the deceased's ......
  • Mixing without Matching: Fractions, Slabs, and the Succession Rights of the Surviving Spouse and Children
    • Nbr. , January 2020
    • Edinburgh Law Review
    • 118-123
    ......No other country, so far as I know, mixes a slab system with a fractional system, using one for intestacy and the other for the forced share. Scotland is unwise to try to do so. Of course, the forced share need not precisely follow the rules on intestacy. ......
  • Succession Rights for Cohabitants
    • Nbr. , January 2020
    • Edinburgh Law Review
    • 138-143
    ......From a comparative perspective, only few other European legal systems have granted intestacy rights to cohabitants.7 For a variety of practical, political, ideological and religious reasons, most jurisdictions have continued to rely on status ......
  • From the Cradle to the Grave: Politics, Families and Inheritance Law
    • Nbr. , September 2008
    • Edinburgh Law Review
    • 391-417
    ....... . . B. . THE REFORM PROPOSALS . The discussion paper reviews two important aspects of succession law: the default rules governing intestacy and the regime of “legal rights”, 6 6 The umbrella term “legal rights” includes the legitim of children and the jus relictae or jus ......
  • REPORTS OF COMMITTEES
    • Nbr. 30-5, September 1967
    • The Modern Law Review
    ...... interpretation of its terms of reference as including not only the distribution of estates on total or partial intestacy in England and Wales and in Scotland, and rights to legitim in Scotland, but also the ability to claim as a dependant in ......
  • 2010-05-01
    • Nbr. , May 2010
    • Edinburgh Law Review
    • 306-323
    ...... by the Law Commission of England and Wales,3

    Intestacy and Family Provision (Law Com CP No 191 (2009), available at

  • The Rise of Statutory Wills and the Limits of Best Interests Decision‐Making in Inheritance
    • Nbr. 78-6, November 2015
    • The Modern Law Review
    This article addresses ‘statutory wills’ executed under the Mental Capacity Act 2005 (MCA) for persons with impaired mental capacity. The article provides an overview of the historical development ...
    ......6 Whilst the vast majority of intestate estates fall to a surviving spouse, the intestacy rules also provide a set of general principles for intestate succession, based on genetic kinship. If there are no surviving blood relatives, and no ......
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