Intestate succession22nd September 2009
In February of this year it was announced that the sums that would be left to dependents would be increased.
Surviving spouse alone
Where there are no issue parents or brothers or sisters of the whole blood, (i.e. having both the same parents as th deceased), or their issue, the surviving spouse is entitled to the whole of the residuary estate, i.e. what is left after all liabilities and expenses have been paid and the administrationis complete
Spouse and issue
The spouse is entitled to:-
the deceased's chattels, which includes such things as motor cars. domestic animals, furniture, articles of personal use and many others. Money and items used by the deceased for business purposes are excluded.
A statutory legacy (lump sum) currently £250,000 free of tax and costs, with interest from the date of death until payment (if the estate is made up of this amount)
A life interest in half of the residuary estate.
The children of the intestate deceased are beneficially entitled to the other half of the residuary estate and, after the death of the spouse, to the half in which the spouse has a life interest.
Spouse, no children, but parent(s) or brothers/sisters of the whole blood (or their issue):
The spouse takes:
the deceased's personal chattels
a statutory legacy of £200,000.00 (if the estate is made up of this amount)
one half of the residuary estate
The other half of the residuary estate will pass to the deceased's surviving parent(s) or, if none, to the brothers and sisters of the whole blood (or their issue).
No surviving spouse or issue
The estate will pass in the following order according to which relatives survive the intestate:
brothers and sisters of the whole blood
step sisters and brothers (of the half blood)
uncles and aunts of the whole blood
step uncles and aunts (of the half blood).
Persons related to the intestate deceased only by marriage have no entitlement.
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Mr & Mrs Kyaw Win
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