Intestacy Notes
Topic: Introduction to the law of intestacy.
Students must be able to:
|LOS 1 |describe the evolution of the rules of intestacy. |
|LOS 2 |distinguish between total intestacy and partial intestacy. |
|LOS 3 |understand essential terms used in the law relating to testacy and intestacy. |
LOS 1
Distriution of Real Property before 1926 Rules of inheritance dictated that real property (realty) passed to the heir-at-law who was the eldest son. If there were no surviving sons or their issue, realty devolved equally on the daughters of the intestate. The order in which the realty passed is as follows: i. Eldest son or issue; ii. Other sons or issue; iii. Daughters equally or issue; iv. Brothers and sisters or issue.
After the Inheritance Act 1833 came into force, the intestate’s parents were given priority over collaterals. If there were no next of kin, realty passed to the intestate’s lord or the Crown. Intestate’s widow was not entitled but the widower took life interest in the whole of his wife’s real property (an interest known as curtesy). Under the customary rules of dower, the widow came to be entitled to 1/3 of her husband’s real property on his death. Both curtesy and dower faded in importance as methods were found to defeat these customary rights.
Distribution of Personal Property before 1926 Statute’s of Distribution 1670-1685 - the widow took 1/3 of personal property (personalty) if there were issue, but 1/2 if there were no issue. A widower was entitled to all of his wife’s personalty. If there was no surviving spouse, the issue took all the personalty. Other next of kin could take if there were no issue. The Crown was
Students must be able to:
|LOS 1 |describe the evolution of the rules of intestacy. |
|LOS 2 |distinguish between total intestacy and partial intestacy. |
|LOS 3 |understand essential terms used in the law relating to testacy and intestacy. |
LOS 1
Distriution of Real Property before 1926 Rules of inheritance dictated that real property (realty) passed to the heir-at-law who was the eldest son. If there were no surviving sons or their issue, realty devolved equally on the daughters of the intestate. The order in which the realty passed is as follows: i. Eldest son or issue; ii. Other sons or issue; iii. Daughters equally or issue; iv. Brothers and sisters or issue.
After the Inheritance Act 1833 came into force, the intestate’s parents were given priority over collaterals. If there were no next of kin, realty passed to the intestate’s lord or the Crown. Intestate’s widow was not entitled but the widower took life interest in the whole of his wife’s real property (an interest known as curtesy). Under the customary rules of dower, the widow came to be entitled to 1/3 of her husband’s real property on his death. Both curtesy and dower faded in importance as methods were found to defeat these customary rights.
Distribution of Personal Property before 1926 Statute’s of Distribution 1670-1685 - the widow took 1/3 of personal property (personalty) if there were issue, but 1/2 if there were no issue. A widower was entitled to all of his wife’s personalty. If there was no surviving spouse, the issue took all the personalty. Other next of kin could take if there were no issue. The Crown was