Intestates' Estates Act 1952

1Succession to estate of intestate leaving a surviving spouse

(1)As respects a person dying intestate after the commencement of this Act sections forty-six, forty-seven and forty-eight of the Administration of Estates Act, 1925 (hereafter in this Part of this Act referred to as the "principal Act"), shall have effect subject to the amendments set out in this section.

(2)For paragraph (i) of subsection (1) of the said section forty-six (which relates to the disposition of the residuary estate of an intestate leaving a surviving spouse) there shall be substituted the following paragraph—

“(i)If the intestate leaves a husband or wife, then in accordance with the following Table:

(3)In accordance with subsection (2) of this section—

(a)in paragraphs (iii) and (iv) of subsection (1) of the said section forty-six, after the word " leaves " there shall be inserted the words " no husband or wife and " ; and the words " subject to the interests of a surviving husband or wife " shall be omitted,

(b)in paragraph (v) of the said subsection (1)—

(i)for the words " issue or " there shall be substituted the words " husband or wife and no issue and no " and

(ii)the words " subject to the interests of a surviving husband or wife " and the words " but if no person takes an absolutely vested interest under such trusts; then Sixthly, for the surviving husband or wife of the intestate absolutely " shall be omitted,

(c)at the end of section forty-seven of the principal Act there shall be added the following subsections—

“(4)References in paragraph (i) of subsection (1) of the last foregoing section to the intestate leaving, or not leaving, a member of the class consisting of brothers or sisters of the whole blood of the intestate and issue of brothers or sisters of the whole blood of the intestate shall be construed as references to the intestate leaving, or not leaving, a member of that class who attains an absolutely vested interest.

(5)It is hereby declared that, where the trusts in favour of any class of relatives of the intestate, other than issue of the intestate, fail by reason of no member of that class attaining an absolutely vested interest, the residuary estate of the intestate and the income thereof and all statutory accumulations, if any, of the income thereof, or so much thereof as. may not have been paid or applied under any power affecting the same, shall, by virtue of subsections (2) and (3) of this section,- go, devolve and be held under the provisions of this Part of this Act as if the intestate had died without leaving any member of that class, or issue of any member of that class, living at the death of the intestate”,

(d)in paragraph (a) of subsection (2) of section forty-eight of the principal Act, for the words "one thousand pounds " there shall be substituted the words " five thousand, or, as the case may be, twenty thousand pounds

(4)At the end of the said section forty-six there shall be added the following subsections—

“(3)Where the intestate and the intestate's husband or wife have died in circumstances rendering it uncertain which of them survived the other and the intestate's husband or wife is by virtue of section one hundred and eighty-four of the Law of Property Act, 1925, deemed to have survived the intestate, this section shall, nevertheless, have effect as respects the intestate as if the husband or wife had not survived the intestate.

(4)The interest payable on the net sum of five thousand pounds or, as the case may be, twenty thousand pounds payable to a surviving husband or wife shall be primarily payable out of income.”