Intestacy—beneficial entitlement


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert
Practice notes

Intestacy—beneficial entitlement


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert

Practice notes
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Total intestacy

A total intestacy occurs when all of the deceased's property is undisposed of because:

  1. •

    the deceased did not make a Will

  2. •

    the deceased left an invalid Will

  3. •

    the deceased's Will was revoked

  4. •

    the Will does not contain any Disposition of the deceased's property, or

  5. •

    the Will, although valid, fails to be effective because, for Instance, the sole beneficiary predeceased the deceased

Intestacy rules applicable on total intestacy

If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:

  1. •

    all the movable property of the deceased wherever situated, provided the intestate was domiciled in England and Wales, and

  2. •

    all immovable property of the deceased in England or Wales, whether the deceased was domiciled in England and Wales or elsewhere

The intestacy rules apply to the residuary estate of the deceased not otherwise disposed of, ie the property that remains after all of the deceased's debts have been paid and any valid legacies effected. The rules apply only to property that

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Intestacy definition
What does Intestacy mean?

An intestacy arises where a person dies without legally bequeathing his property.

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