Posted on 31st October 2022
Intestacy can happen in full or in part. For example, a person who dies having not made a Will is a full intestacy. But, If somebody makes a Will and part of the Will fails due to the Executors/Trustees passing away before the testator, the Will is still valid but the rules of intestacy must be followed in order to assign the powers to administer the Estate to the right person or people legally.
The rules of intestacy are regulated by two pieces of Legislation. Non-Contentious Probate Rules 1987 (NCPR) & The Administration of Estates Act 1925 (AEA). They both are important but in different ways.In the simplest forms - the NCPR provides for the order of people to search for if there is no named administrator or Trustee to an Estate, or if the named Administrator or Trustee passes before the Testator. Whereas, the AEA provides the order in which the Estate is to be administered.
Tagged as: Administration of Estates Act, Education, Information, Intestacy, Intestate, Invalid Will, Non-Contentious Probate Rules
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