Intestacy
Wills and Administration of Estates > Intestacy
What is Intestacy in SQE1?
What Is Intestacy?
Candidates frequently misapply the statutory legacy figure or forget the 28-day survivorship requirement on SQE1 — both commonly tested. Intestacy arises when a person dies without having made a valid will (total intestacy) or where the will fails to dispose of the entire estate (partial intestacy). The distribution of the estate is then governed by the Administration of Estates Act 1925 (AEA 1925), as amended.
Key Principles for SQE1
Surviving spouse or civil partner with issue (s.46 AEA 1925, as amended): the spouse receives the personal chattels absolutely, a statutory legacy (currently £322,000), and half the residuary estate absolutely. The other half passes to the issue on the statutory trusts. These rules form a critical part of the wills and administration of estates framework and link to grants of representation.
- Surviving spouse, no issue: the spouse or civil partner takes the entire estate absolutely. For those without automatic rights, claims against estates under the Inheritance Act may provide an alternative remedy.
- No surviving spouse: order of entitlement: (1) issue (on statutory trusts); (2) parents equally; (3) siblings of the whole blood (on statutory trusts); (4) siblings of the half blood (on statutory trusts); (5) grandparents equally; (6) uncles and aunts of the whole blood (on statutory trusts); (7) uncles and aunts of the half blood (on statutory trusts); (8) the Crown (bona vacantia). Statutory trusts (s.47 AEA 1925): property held on trust for issue (or siblings, etc.) is distributed per stirpes - children take equally, but if a child has predeceased the intestate leaving their own issue, those issue take their parent's share. Beneficiaries must reach 18 (or marry/form a civil partnership earlier) to take absolutely.
- Cohabitants: an unmarried partner has no automatic entitlement under the intestacy rules. They may claim under the Inheritance (Provision for Family and Dependants) Act 1975. Issue must survive the intestate by 28 days to inherit (s.46(2A) AEA 1925).
- Partial intestacy: where a will fails to dispose of part of the estate, the undisposed-of portion passes under the intestacy rules.
Exam tip
The surviving spouse's entitlement is fixed: personal chattels, statutory legacy (currently £322,000), and half the residue — the other half passes to issue on statutory trusts. Per stirpes distribution applies to issue and siblings — if a child dies before the intestate leaving their own children, those children take their parent's share. Know the statutory order of entitlement precisely; cohabitants have no automatic rights and must claim under the Inheritance Act 1975.
How This Appears in SQE1 Questions
SQE1 questions present family scenarios and ask you to identify who inherits and how much. This is one of the most commonly tested areas in SQE1. The key traps include forgetting the statutory legacy figure, overlooking the 28-day survivorship requirement, and assuming a cohabitant has automatic rights. Questions may also test the per stirpes distribution under the statutory trusts.
Quick Example Scenario
David dies intestate. He is survived by his wife, Emma, and their two adult children, Fiona and George. David's estate is valued at £600,000. How is the estate distributed? Emma receives the personal chattels, the statutory legacy of £322,000, and half of the remaining residuary estate. The residue after the statutory legacy is £278,000. Emma receives half (£139,000) absolutely, and the other half (£139,000) passes to Fiona and George equally (£69,500 each) on the statutory trusts. In total, Emma receives £461,000 plus the personal chattels.
Common Mistakes Students Make
- Forgetting the current statutory legacy figure - it is £322,000 (updated periodically; always check the current figure).
- Assuming cohabitants have automatic intestacy rights - they do not; they must claim under the Inheritance Act 1975.
- Failing to apply per stirpes distribution correctly when a child has predeceased the intestate.
- Overlooking the 28-day survivorship requirement for issue.
Quick Summary
- This topic combines statutory knowledge with practical application.
- Master the key principles, understand the statutory framework, and practise applying these rules to realistic client scenarios.
Want to test this now? Try a few SQE1-style questions below before moving on.
Test Yourself
Test yourself
Quick check questions based on this article.
Question 1
Scenario
A man dies intestate in December 2024, survived by his wife and three children aged 25, 17, and 14. The man's estate is valued at £600,000, consisting entirely of assets held in his sole name. There is no jointly held property. The statutory legacy is £322,000. After deduction of the statutory legacy and personal chattels taken by the wife, the residuary estate amounts to £250,000. Under the intestacy rules, the wife receives one-half of the residuary estate (£125,000) absolutely, and the children share the other half (£125,000) on the statutory trusts. The 25-year-old child wishes to receive their share immediately. The 17-year-old child is about to start university and wants their share released to fund tuition fees. The personal representatives seek advice on whether they can distribute the children's shares immediately. The man had been an enthusiastic amateur photographer, which is irrelevant to the distribution. The man's wife has agreed to act as personal representative and trustee. No other relatives survive the man.
When are the children entitled to receive their shares of the residuary estate under the statutory trusts?
Question 2
Scenario
A woman dies intestate leaving a surviving spouse and two adult children from her first marriage. The woman had been married to her current spouse for eight years at the time of her death. The woman's net estate is valued at £450,000, comprising a house worth £320,000 held in the woman's sole name, a savings account containing £80,000, and personal chattels valued at £50,000. The woman had previously been divorced from her first husband twelve years ago. The woman's two children are aged 35 and 32 respectively. Neither child has any children of their own. The woman had a close relationship with both children, who visited her regularly. The woman's surviving spouse confirms that the woman had mentioned making a will on several occasions but had never done so. The woman had recently taken up watercolour painting as a hobby. The surviving spouse instructs a solicitor to deal with the administration of the estate. The solicitor confirms that no will can be located.
How will the woman's estate be distributed under the intestacy rules?
Question 3
Scenario
A man died intestate in March 2025. He was not married and had no civil partner. He had no children. His parents both predeceased him. He is survived by two brothers and one sister. The man's estate, after payment of debts and funeral expenses, is valued at £180,000. The estate comprises savings accounts and a car. The man had been living with his partner for the past eight years, but they had never married or entered into a civil partnership. The partner has contacted the personal representatives to ask whether she is entitled to any share of the estate under the intestacy rules. The man's siblings have stated that they expect to inherit equally. The man had previously told friends that he considered his partner to be his 'common-law wife.'
How will the man's estate be distributed under the intestacy rules?
Practice with full exam-style questions
Related Topics
- Validity of Wills for SQE1
- Revocation of Wills for SQE1
- Personal Representatives for SQE1
- SQE1 Wills and Administration of Estates: Complete Guide
Practise Intestacy Questions for SQE1
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