Intestacy

Administration of Estates Act 1955

The Administration of Estates Act 1955 modernized the law on succession and the administration of estate. It put real estate (land, buildings, and certain other assets) on the same footing as other so-called personal estate. All existing modes of descent and devolution at common law and the earlier statutes were abolished. Dower, tenancy by the courtesy, were abolished, as were escheat to the Crown and a mesne lord for want of heirs.

All legislation referable to the grant of probate or letters of administration in respect of personal estate were extended to apply to real estate. Real estate no longer vested directly in the heir at law.

The legislation sets out the rules on intestacy. Where a person dies intestate, leaving a spouse or civil partner, but that spouse or civil partner dies within 28 days, the legislation is to take effect as if the spouse or civil partner had not survived the deceased. They died intestate.

The surviving spouse or civil partner takes the personal chattels. In addition, they take net assets remaining up to [] free of all charges and costs. They have a charge on the remaining assets (if any) for the sum with interest at a rate of 4%.

Where there is only one child who survives, the spouse or civil partner takes one-half of the residue left of the remaining estate after providing for the sum and interest. Where more than one child, the amount is one-third.

Where a child of an intestate predeceased them, leaving issue who survive the intestate, the surviving spouse or civil partner is to take a share of the estate as if the child had survived the intestate.

Where the intestate leaves a spouse or civil partner and no issue, but leaves brothers and sisters or issue of deceased siblings, the spouse and civil partner shall, in addition to the personal chattels, get the net value if the remaining estate does not exceed £200,000, take the whole or where it does so exceed, that sum per centum as at 4% together with one-half of the remaining residue.

Where the intestate leaves a spouse or civil partner but no other issues, parents, brothers, and sisters, no issue of deceased siblings, the spouse or civil partner takes the whole estate.

If an intestate dies leaving issue, their estate is taken per stirpes amongst the issue subject to the right of any surviving spouse or civil partner. If deceased dies intestate leaving no issue, their estate subject to the rights of the surviving spouse or civil partner, is distributed between their parents in equal shares or if one surviving, the sole surviving parent.

If an intestate dies leaving neither issue nor parent, their estate, subject to the right of the surviving spouse or civil partner, is to be distributed between brothers and sisters in equal shares.

If a brother or sister predeceases the intestate, the surviving issue of a deceased brother or sister take per stirpes. Brother or sister shares which they would have taken if they survived. If the intestate dies leaving neither issue, parent, brother, sister, their estate shall be taken amongst the siblings, subject to the rights of the surviving spouse or civil partner.

If an intestate dies leaving neither a spouse, civil partner, issue, parent, siblings, or children of deceased siblings, their estate is divided in equal shares amongst their next-of-kin.If an uncle or aunt of the intestate who would have been included in next-of-kin, had they survived, then their children shall represent them, taking the share that such uncle or aunt would have taken, had he or she survived.

Persons who stand nearest in blood relationship to the deceased are the next-of-kin. They are ascertained as of the date of death. Degrees of relationship of a direct lineal ancestor are computed by counting upwards from the deceased to that ancestor. In other cases, it is counted upwards to the nearest ancestor and then downwards to the relative. Where the direct lineal ancestor and other relative are within the same degree of relationship, the other relative is preferred to the direct lineal ancestor.

Descendants and relatives begotten but not born at the date of death inherit as if they had survived the deceased.

Relatives of the half-blood are treated equally with relatives of the whole blood in the same degree.Default of a person taking the estate of an intestate under the foregoing, the estate is to pass as bona vacantia to them.

Where the will disposes only a part of the estate or is ineffective, the part undisposed of is dealt with in accordance with the rules of intestacy.