Intestate Succession in Europe

Definition of Intestate Succession

By the Administration of Estates Act, 1925, s. 46, the residuary estate of an intestate dying after 1925 is to go as follows :
(1) If the intestate leaves a husband or wife, lie or she takes the personal chattels (e.g., furniture) absolutely ; 1,000 with interest at 5 per cent, per annum from the date of death, free of death duties ; and the income of the whole residue for life if the intestate leaves no issue; or the income of half the residue for life if the intestate leaves issue; the income of the other half of residue to go to the issue on the statutory trusts
(2) If the intestate leaves issue but no husband or wife : to the issue on the statutory trusts
(3) If the intestate leaves no issue : to both parents in equal shares. If only one parent survives, to that one absolutely
(4) If the intestate leaves no issue or parents :
(a) to the brothers and sisters of the whole blood on the statutory trusts ;
(b) to the brothers and sisters of the half-blood on the statutory trusts ;
(c) to the grandparents; if more than one, in equal shares;
(d) to the uncles and aunts of the whole blood on the statutory trusts ;
(e) to the uncles and aunts of the half-blood on the statutory trusts ;
(f) to the surviving husband or wife absolutely ; (g) as bona vacantia (q.v.).
By section 47 (ibid.) the statutory trusts are : for all the children of the intestate, or for all the members of the other class of relative, as the case may be, who are living at the death of the intestate, and attain twenty -one or marry, in equal shares, but if any of them die before the intestate, all the deceased’s issue who survive the intestate and attain twenty-one or marry, take per stirpes the share of the deceased

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Definition of Intestate Succession is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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