Peer-Reviewed Journal Details
Mandatory Fields
O'Sullivan, K
2017
January
Common Law World Review
Distribution of Intestate Estates in Non-Traditional Families Ė A way forward?
Published
()
Optional Fields
Intestacy England and Wales Step parents Surviving spouse Reform Administration of Estates Act 1925
46
1
21
41
The rules governing the distribution of an intestate estate applied pursuant to section 46 of the†Administration of Estates Act 1925 as amended by section 1 of the Inheritance and Trusteeís Powers Act 2014 ensure very generous provision for surviving spouses in England and Wales. However, notwithstanding the merits of such provision, the extent to which the regime strikes an appropriate balance in distributing such an estate, in particular, between the surviving spouse and a deceasedís children from a former relationship, if present, appears somewhat dubious. Part I briefly positions the intestacy regime adopted in England and Wales in an international context, placing a special emphasis on the protection afforded to the interests of a deceasedís children from a former relationship in a number of different jurisdictions. Part II then critiques the arguments recently advanced by the Law Commission for England and Wales against reform in this area and argues that such reform is, in fact, warranted. On this basis, Part III presents a novel proposal for consideration.†
Grant Details