The Law Of Succession Essay Example | Topics and Well Written Essays - 2500 words

The legality Of Succession - Essay Examplen behalf of the deceased. The intestacy rules, subject to reforms/amendments from time to time, being primarily governed by statues, argon cited as a will made by parliament based upon the presumed wishes of the deceased.The present paper shall plan of attack to analyse the proposition to understand how rules of intestacy are indeed a will made by the Parliament and to examine whether, and to what extent the rules reflect the will of the deceased. In doing so, it shall first understand the provisions of intestate riches distribution covered in statues and leading case laws and then examine the public opinion as well as reform proposals and other recommendations.The current law of intestacy in the U.K. is enacted in the Administration of Estates mo 1925 (AEA 1925) as amended, bounded by procedural legislations. Before analysing the provisions of AEA, 1925, a brief understanding of the developing of intestacy rules may be worthwhile as a backdrop to the analysis.Before 1926, intestate succession to immovable was governed by the rules of inheritance, accordingly realty passed to the heir-at-law, who was usually the eldest son. If on that point were no surviving sons, or their issue, realty devolved equally on the daughters of the intestate. The next entitled were the brothers and sisters of the intestate, or their issue however, after the Inheritance Act 1833 the intestates parents were apt(p) priority over brothers and sisters. If there were no next-of-kin, the realty passed to the intestates lord or the Crown as bona vacantia. The intestates widow was strictly not entitled, but under the customary rules of dower, the widow became entitled to one-third of her husbands realty on his death. A widower took a life interest - defined as curtesy -- in the whole of his wifes realty. comparable rules applied to personalty, being distributed under the statutory scheme covered under the Statutes of Distribution 1670-1685 .4The AEA 1925 repealed the previous rules, two as regards succession to realty and personalty, giving primacy to the surviving spouse, and also ending the customary difference amidst widows and widowers as to entitlement. After 1925, the surviving spouse took the whole estate, the spouse being entitled to a statutory legacy of 1,000, the personal chattels of the intestate and a life interest in half the residue if there were issue.The Intestates Estates Act 1952, which followed the Morton report,5 introduced major changes --the surviving spouse was also given the right to appropriate the matrimonial home and the statutory legacy was increased to 5,000. However, the 1952 Act also made Inheritance (Family Provision) Act 1938 relevant to intestacy, introducing flexibility by allowing certain family members of the