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Intestacy

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  • Intestacy

    Hi all,

    Suppose Mr Smith's will leaves everything to his wife and does not mention his two children but then he is predeceased by his wife. I think intestacy means there is no will but in this case there is a will but there are no surviving beneficiaries named in the will - so would this be a case of intestacy?

    Thanks...
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  • #2
    Re: Intestacy

    without having made a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate"

    - - - Upda














    Search Results

    Intestacy - who inherits if someone dies without a will? - GOV.UK

    https://www.gov.uk/inherits-someone-dies-without-will













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    • #3
      Re: Intestacy

      Originally posted by Juc2 View Post
      Hi all,

      Suppose Mr Smith's will leaves everything to his wife and does not mention his two children but then he is predeceased by his wife. I think intestacy means there is no will but in this case there is a will but there are no surviving beneficiaries named in the will - so would this be a case of intestacy?

      Thanks...
      If a beneficiary predeceases the testator the gift lapses into residue.
      If a gift of residue lapses, the property devolves as it would on intestacy,
      No spouse or civil partner... children inherit.

      Comment

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