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Intestacy Notes

Decent Essays

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 …show more content…

|legatee predeceased the testator. |
| |causing the gift to fail |
|Deceased made a will but it was revoked. |Residuary gift has been revoked. |
|Deceased made a will which attempted but wholly failed|Residuary gift failed for uncertainty or because the |
|to dispose of his property. |beneficiary witnessed the will. |
|Deceased made a will which containd no disposition of |Residuary gift lapsed under s. 18A of the Wills Act. |
|his property: Re Skeats [1936]. | |
| |Residuary gift was subject to forfeiture. |

Quick Answer Question

D died leaving a will which did not deal with his residuary estate. He left a wife W and 2 sons S and P. Advise as to the distribution of D’s estate.

LOS 3

The surviving spouse A wife or husband who survives the other. Does not include a legally separated or divorce person.

Issue Issue comprise the lineal descendants, male or female, of the intestate

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