Wills and Administration – Variation of the will/intestacy provisions.
Property passing under will/intestacy.
Intestacy rules will apply when:
1. Where deceased has died totally intestate it may be that they have:
never made a will or
will is not valid.
2. Partial intestacy
where the will is valid but does not deal with the whole of the deceased estate,
either no gift of residue or gift of residue has failed
beneficiary has predeceased testator and there is no effective substitutional gift.
Administration of Estates Act.
S 33(1) provides that the personal representatives hold the intestate`s estate not disposed
of by a will on trust with a power to sell.
• They must pay funeral, testamentary and administration expenses, debts and other
liabilities from the estate.
• The residuary estate is then shared amongst those entitled according to the
intestacy rules
Entitlement.
First person to consider is the surviving spouse or civil partner. They may take the entire
state.
If not, the rules set out the order of entitlement depending on the category of blood
relation.
Once you’ve found someone in a class – look no further – closest relative in terms of the
rules is the one who inherits.
Inheritance (provision for family and dependants) act 1975.
Allows for claims to vary the terms of a will or the application of the intestacy rules.
Basis is always that the will or rules does not make ‘reasonable financial provision’ for the
applicant.
Any statement left by the deceased as to why they made no provision, or the particular
provision, should be preserved by the relevant individuals as they may be relevant and if so,
the court will take them into account.
Must be filed within 6 months of the grant of representation (i.e. grant of probate)
Grounds for an application:
Apply within 6 months.
Fall within one of the categories
Satisfy the court that reasonable financial provision has not been made for them.
The court can make an order from the deceased’s net estate – once any tax and liabilities,
funeral etc has been paid.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ssargeant35. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £2.99. You're not tied to anything after your purchase.
