Podcast Location:
Download it here [file size: 19 MB]
Categories:
Wills, Inheritance & Succession
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to provide an introduction to the subject of intestacy and how it operates to distribute assets from an intestate's estate to their relatives. It will contrast the priority and rights of a spouse or civil partner to the estate with cases where there is no surviving spouse and the criticism of the current law. Attention will also be given to the right to administer an intestate estate.

Outcomes:
After completing the course you will:
  • Understand what intestacy means;
  • Know what property will pass on an intestacy;
  • Know the rules of distribution between cases of a surviving spouse and cases where there is no surviving spouse;
  • Be aware of a surviving spouse's right to capitalisation and appropriation of the family home;
  • Know who is entitled to letters of administration on an intestacy;
  • Know how property distributed to minor children is dealt with in an intestacy.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Administration of Estates Act 1925 Part 4, Ss 41, 46(2A), 47A, 49;
  • Inheritance (Provision for Family & Dependants) Act 1975;
  • Non-Contentious Probate Rules 1987 r 22, 56;
  • Intestate Succession (Interest and Capitalisation) Order 1977 (S.I. No. 1491);
  • Intestates' Estate Act 1952 s5, para 3(2) Sch. 2;
  • Kane v Radley-Kane [1998] 3 All ER 753;
  • Senior Court Act 1981 s114 [formerly Supreme Court Act 1981].
Tags:

In this podcast, James Sheedy provides an introduction to the framework of the intestacy regime and how property is distributed on a death in the absence of a valid will.

Podcast added: 15/04/10

Podcast last reviewed: 2011-10-31

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