IHTM12124 - Succession: intestacy: distributions (England & Wales): issue

Subject to the rights of the surviving spouse or civil partner (IHTM12121Ìý) the issue (children, grandchildren and remoter descendants) take absolutely in the following way:

  • the deceased바카라 사이트™s children living at the death in equal shares on reaching the age of 18 or marrying under that age, and
  • the grandchildren (or remoter descendants) living at the death whose parent would have taken a share but for dying before the intestate, in equal shares of their parent바카라 사이트™s share on reaching the age of 18 or marrying.

Example

Mary died intestate in 2008. Her husband had died before her. During her life Mary had three children - Jack, Joseph and Jessica. Jack died before Mary, leaving two children - Robert and Rosie.

Joseph and Jessica will each be entitled to a third share of Mary바카라 사이트™s estate. The remaining third that would have passed to Jack if he had survived will now pass to his children, Rosie and Robert, who will receive a sixth of the estate each.

You should note that

  • adopted children have the same rights as natural children
  • both legitimate and illegitimate children have the same rights
  • step children are not 바카라 사이트˜issue바카라 사이트™ unless they have been adopted by the deceased.