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
A will often contains a residuary clause that gives a residuary legatee the right to all property of the deceased not otherwise disposed of. It may include bequests that are void or have lapsed.

Personal chattels This is defined by s. 55 (1) (x) AEA 1925 as including almost all items to be found in the home of an average citizen. It does not include chattels which are used for business purposes nor does it include money or securities for money.

Statutory trusts The share of the deceased’s estate to which the issue is entitled is held on statutory trusts. Under s. 47 (1) (i) of the Administration of Estate’s Act 1925: • The share of the issue is divisible between the children of the deceased who are living at the death of the deceased subject to them fulfilling the contingency of attaining 18 years or marrying. • If a child of the deceased has predeceased him then that child’s issue (if any) will take their parents share in equal shares per stirpes. • If a child of the deceased has predeceased him leaving no issue then that child is ignored in the distribution. • It should be noted that no issue can take, whose parent is living at the death of the deceased and