Intestacy

[Juc2]

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...

[MIKE770]

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

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

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

[des8]

Re: 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...

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.