释义 |
intestacy n. The state in which a person dies without having made a will disposing of all his property. A total intestacy occurs when the deceased leaves no will at all, a will that only appoints executors but does not dispose of any property, or a will that is invalid (e.g. because the testator lacked testamentary capacity). A partial intestacy arises when a will deals with only part of the testator’s estate. The Administration of Estates Act 1925 s 46 as amended and orders made under it govern the manner in which an intestate estate is to be administered, the persons entitled to inherit, and the amounts and proportions of the estate they receive. The rules relating to intestacy reflect the importance accorded to familial relationships. The rules were substantially amended for deaths on or after 1 October 2014. If the intestate leaves issue, the surviving spouse or civil partner takes the personal chattels, a statutory legacy, and one half of the residue absolutely with the other half held on statutory trust for issue. Where the intestate leaves no issue, a surviving spouse or civil partner takes the whole of the residuary estate. |