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Encyclopedia > Intestacy
The law of wills and trusts
Part of the common law series
Inheritance
Intestacy  · Testator  · Probate
Power of appointment
Simultaneous death  · Slayer rule
Disclaimer of interest
Types of will
Holographic will  · Will contract
Living will
Joint wills and mutual wills
Parts of a will
Codicil  · Attestation clause
Incorporation by reference
Residuary clause
Problems of property disposition
Lapse and anti-lapse
Ademption  · Abatement
Acts of independent significance
Elective share  · Pretermitted heir
Contesting a will
Testamentary capacity
Undue influence
Types of Trusts
Express trust  · Asset-protection trust
Accumulation and maintenance trust
Interest in possession trust  · Bare trust
Protective trust  · Spendthrift trust
Life insurance trust  · Remainder trust
Life interest trust  · Reversionary interest trust
Charitable trust  · Honorary trust
Resulting trust  · Constructive trust
Special needs trust: (general)/(U.S.)
Doctrines governing trusts
Pour-over will  · Cy pres doctrine
Other areas of the common law
Contract law  · Tort law  · Property law
Criminal law  · Evidence

Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of the estate, the remaining estate forms the "Intestate Estate". Intestacy law, also referred to as the law of descent and distribution or intestate succession statutes, refers to the body of common law that determines who is entitled to the property from the estate under the rules of inheritance. Image File history File links Scale_of_justice. ... // Balancing scales are symbolic of how law mediates peoples interests For other senses of this word, see Law (disambiguation). ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... This article or section does not cite its references or sources. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A testator is a person who has made a legally binding will or testament, which specifies what is to be done with that persons penis family and/or property after death. ... Probate is the legal process of settling the estate of a deceased person; specifically, resolving all claims and distributing the decedents property. ... A power of appointment is a term most frequently used in the law of wills to describe the ability of the testator (the person writing the will) to select a person who will be given the authority to dispose of certain property under the will. ... Simultaneous death is a problem of inheritence which occurs when two people (usually a husband and wife) die at the same time in an accident. ... The slayer rule, in the common law of inheritance, is a doctrine that prohibits inheritence by a person who murders someone from whom they stand to inherit. ... Disclaimer of interest (also called a renunciation), in the law of inheritance, wills and trusts, is a term that describes an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... A holographic will is a will and testament that has been entirely handwritten and signed by the testator. ... A will contract is a term used in the law of wills describing a contract to exchange a current performance for a future bequest. ... A living will, also called will to live, advance health directive, or advance health care directive, is a specific type of power of attorney or health care proxy or advance directive. ... -1... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... A codicil for a will is a small change (much like a Postscript (P.S.)) to the will that does not require a rewrite of the document. ... In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testators signature. ... Incorporation by reference is a doctrine of the common law of wills by which a person may state in his will that certain property is to be disposed of by a seperate document, describing the place where the document will be found. ... A residuary estate, in the law of wills, is any portion of the testators estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. ... Lapse and anti-lapse are complementary concepts under the law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will). ... Ademption is a term used in the law of wills to determine what happens when property bequested under a will is no longer in the testators estate when the testator dies. ... Abatement (derived through the French abattre, from the Late Latin battere, to beat), a beating down or diminishing or doing away with; a term used especially in various legal phrases. ... The doctrine of acts of independent significance, in the common law of wills, permits the testator to effectively change the disposition of her property without changed her will, if acts or events with relation to the property itself have some significance beyond avoiding the requirements of the will. ... An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedents will. ... A pretermitted heir is a term used in the law of property to describe a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not know or did not know of the party at the time the will... A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will). ... In the common law tradition, testamentary capacity is the legal term of art used to describe a persons legal and mental ability to make a valid will. ... Undue influence (as a term in jurisprudence) is an equitable doctrine that involves one person taking advantage of a position of power over another person. ... This article or section does not cite its references or sources. ... Where property is passed to a person but no gift is made, it is held for the owner, this is the Resulting trust; where property should for some reason of public policy or fairness or rule of Equity be held for someone other than the legal owner, this is either... An asset-protection trust is a term which covers a wide spectrum of legal structures. ... A bare trust is one in which the beneficiary has a right to both income and capital and may call for both to be remitted into their own name, they are also entitled to take actual ownership and control of the trust property. ... The Protective Trust is a form of settlement found in England and Wales and several Commonwealth countries. ... A spendthrift trust is a trust that is created for the benefit of a person who is in debt (often because they are unable to control their spending) that gives an independent trustee full authority to make decisions as to how the trust funds may be spent for the benefit... In the U.S., proper ownership of life insurance is important if the insurance proceeds are to escape federal estate taxation. ... A charitable trust (or charity) is a trust organized to serve private or public charitable purposes. ... An honorary trust, under the law of trusts, is a device by which a person establishes a trust for which there is neither a charitable purpose, nor a private beneficiary to enforce the trust. ... A resulting trust is a type of implied trust created through implication of law where the actions of the parties involved and the nature of the transaction implies an intention to create a trust. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Special Needs Trusts are created to ensure that beneficiaries who are developmentally disabled or mentally ill can receive inheritances without losing access to essential government benefits. ... Please wikify (format) this article as suggested in the Guide to layout and the Manual of Style. ... In common law legal systems, a trust is a contractual relationship in which a person or entity (the trustee) has legal title to certain property (the trust property or trust corpus), but is bound by a fiduciary duty to exercise that legal control for the benefit of one or more... A pour-over will is a testamentary device wherein the writer of a will creates a trust, and decrees in the will that the property in his estate at the time of his death shall be placed in the trust. ... This article or section does not cite its references or sources. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... Estate is a term used in the common law. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Estate is a term used in the common law. ... Estate is a term used in the common law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Inheritance is the practice of passing on property, titles, debts, and obligations upon the death of an individual. ...


The concept of intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of legitime automatically gives a deceased person's relatives title to all or a large part of the estate's property by operation of law, beyond the power of the deceased person to alter by legacy. This share can often only be decreased on account of some very specific misconduct by the heir. When referring to the devolution of estates generally in an international context, the "laws of succession" is the commonplace term covering testate and intestate estates in common law jurisdictions together with forced heirship rules typically applying in civil law and Sharia law jurisdictions. Civil law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. ... Roman law is the legal system of ancient Rome. ... In civil and Roman law, the legitime, or forced share, of a decedents estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause. ... ... For other uses, see inheritance (disambiguation). ... Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ...


After the Statute of Wills, 32 Henry VIII c. 1, Englishmen (and unmarried or widowed women) could dispose of their lands and property by a will. Their personal property could formerly be disposed of by a "testament," hence the hallowed legal merism "Last Will and Testament." The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... For the play, see Henry VIII (play). ... Motto: (French for God and my right) Anthem: God Save the King/Queen Capital London Largest city London Official language(s) English (de facto) Unification    - by Athelstan AD 927  Area    - Total 130,395 km² (1st in UK)   50,346 sq mi  Population    - 2005 est. ... In rhetoric, a merism is a figure of speech by which a single thing is referred to by a conventional phrase that enumerates several of its parts, or which lists several synonyms for the same thing. ...


Common law sharply distinguished between real property and chattels. Real property for which no disposition had been made by will passed by the law of kinship and descent; chattel property for which no disposition had been made by testament was escheat to the Crown, or given to the Church for charitable purposes. This law became obsolete as England moved from being a feudal to a mercantile society, and chattels more valuable than land were being accumulated by townspeople. Real property is a legal term encompassing real estate and ownership interests in real estate (immovable property). ... Personal property is a type of property. ... It has been suggested that Kinship be merged into this article or section. ... Escheat is an obstruction of the course of descent and the consequent reversion of property to the original grantor. ... The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ... Feudalism comes from the Late Latin word feudum, itself borrowed from a Germanic root *fehu, a commonly used term in the Middle Ages which means fief, or land held under certain obligations by feodati. ... Mercantilism is the economic theory that a nations prosperity depended upon its supply of gold and silver, that the total volume of trade is unchangeable. ...


In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent. Property goes first to a spouse, then to children and their descendants; if there are no descendants, the rule sends you back up the family tree to the parents, the siblings, the siblings' descendants, the grandparents, the parents' siblings, and the parents' siblings' descendants, and sometimes further to the more remote degrees of kinship. The operation of these laws varies from one jurisdiction to another. Attempts in the United States to make the law with respect to intestate succession uniform from state to state have met with limited success. In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... Marriage is a relationship that plays a key role in the definition of many families. ... For other uses, see Child (disambiguation). ...


In England and Wales the Intestacy Rules have been uniform since 1925 and strikingly similar rules apply in Northern Ireland, the Republic of Ireland and many Commonwealth countries and Crown Dependencies. These rules have been supplemented by the discretionary provisions of the 1989 Inheritance (Provision for Dependants) Act in relation to persons domiciled in any of the jurisdictions making up the United Kingdom so that fair provision can be made for a dependent spouse or other relative where the strict divisions set down in the intestacy rules would produce an unfair result, for example by providing additional support for a dependent minor or disabled child vis-a-vis an adult child who has a career and no longer depends on their parent. It has been suggested that this article or section be merged with Intestacy. ... Motto: (Latin for Who will separate us?)[1] Anthem: UK: God Save the Queen Regional: (de facto) Londonderry Air Capital Belfast Largest city Belfast Official language(s) English (de facto), Irish, Ulster Scots 3, Northern Ireland Sign LanguageIrish Sign Language Government Constitutional monarchy  - Queen Queen Elizabeth II  - Prime Minister of... The Commonwealth of Nations (CN), usually known as the Commonwealth, is a voluntary association of 53 independent sovereign states, the majority of which are former colonies of the United Kingdom. ... Crown dependencies are possessions of the British Crown, as opposed to overseas territories or colonies. ...


If a person dies intestate with no identifiable heirs, the person's estate generally escheats (i.e. is legally assigned) to the government. Escheat is an obstruction of the course of descent and the consequent reversion of property to the original grantor. ...


The distribution of the property of an intestate decedent is the responsibility of the administrator (or personal representative) of the estate: typically the administrator is chosen by the court having jurisdiction over the decedent's property, and is frequently (but not always) a person nominated by a majority of the decedent's heirs.


In the United States, intestacy laws vary from state to state under the American practice of federalism. As in England, most jurisdictions apply rules of intestate succession to determine next of kin who become legal heirs to the estate. Also as in England, if no identifiable heirs are discovered, the property may escheat to the government. At the core, political federalism is a political philosophy in which a group or body of members are bound together (Latin: foedus, covenant) with a governing representative head. ... Next of kin is the term used to describe a persons closest living blood relative or relatives. ...


Intestacy Rules

Where a person dies without leaving a will, the rules of succession of the person's place of habitual residence or of their domicile apply. In certain jurisdictions such as France, Switzerland and much of the Islamic world, entitlements arise whether or not there was a will. These are known as forced heirship rights and are not typically found in common-law jurisdictions, where the rules of succession without a will (intestate succession) play a back-up role where an individual has not (or has not fully) exercised his or her right to dispose of property in a will. In astrology, domicile, rulership or house is the strongest essential dignity of a planet. ...


In England and Wales the rules of succession are the Intestacy Rules set out in the Administration of Estates Act and associated legislation. An act in England which changed the rule of inheritance from primogeniture to that of modern day norms. ...


The Act sets out the order for distribution of property in the estate of the deceased. For persons with a wealth below a certain threshold (GBP 275,000 in 2005), the whole of the estate will pass to the deceased's spouse or, from late 2005, their registered civil partner. Such transfers below the threshold are exempt from UK Inheritance tax. Marriage is a relationship that plays a key role in the definition of many families. ... Civil partnerships in the United Kingdom, granted under the Civil Partnership Act 2004, give same-sex couples rights and responsibilities identical to civil marriage. ... The examples and perspective in this article or section may not represent a worldwide view. ...


In larger estates, the spouse will not receive the entire estate where the deceased left other blood relatives and left no will. They will receive:

  • all property passing to them by survivorship (such as the deceased's share in the jointly owned family home);
  • all property passing to them under the terms of a trust (such as a life insurance policy);
  • a statutory legacy of a fixed sum (being a larger sum where the deceased left no children); and
  • a life interest in half of the remaining estate.

The children (or more distant relatives if there are no children) of the deceased will be entitled to half of the estate remaining immediately and the remaining half on the death of the surviving spouse.


In the United States, each of the separates states uses its own intestacy laws to determine the ownership of its resident's intestate property. While a summary of all the differences between these laws is difficult, a series of interactive programs that demonstrate the distributions according to the individual laws of specific states is found at http://www.mystatewill.com


See also


  Results from FactBites:
 
Intestacy - Wikipedia, the free encyclopedia (522 words)
Intestacy law, also referred to as the law of descent and distribution or intestate succession statutes, refers to the body of common law that determines who is entitled to the property from the estate under the rules of inheritance.
In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent.
Property goes first to a spouse, then to children and their descendants; if there are no descendants, the rule sends you back up the family tree to the parents, the siblings, the siblings' descendants, the grandparents, the parents' siblings, and the parents' siblings' descendants, and sometimes further to the more remote degrees of kinship.
Intestacy - definition of Intestacy in Encyclopedia (319 words)
Intestacy refers to the body of common law that determines who is entitled to the property of a dead person in the absence of a last will and testament or other binding declaration.
The concept of intestacy has a limited application in those jurisdictions that follow civil law or Roman law; in these places, the doctrine of legitime gives a deceased person's relatives title to all or a large part of the estate's propery by operation of law.
Property goes first to a spouse, then to children and their descendants; if there are no descendants, the rule sends you back up the tree to the parents, the siblings, the parents' siblings, and the siblings' descendants.
  More results at FactBites »

 
 

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