Intestate - Law Dictionary Search Results
Home Dictionary Name: intestateIntestates Estates Act, 1890 (English)
Intestates Estates Act, 1890 (English) (53 & 54 Vict. c. 29), repealed and not re-enacted by the A.E. Act, 1925, in the case of persons dying intestate after 1925. See WIDOW. By the Act of 1890 the real and personal estate of every man dying wholly intestate after September 1, 1890, leaving a widow but no issue, is directed to belong to his widow if the net value should not exceed 500l., while if it should exceed 500l. the widow obtains 500l and a charge upon the whole of the estate for that term, in addition to her interest and share in the remainder of the estate, 'with interest thereon from the date of the death of the intestate, at 4 per cent. per annum until payment.' As to the meaning of 'intestate,' see Re Cuffe, (1908) 2 Ch 500.As to Scotland, see the Intestate Husband's Estate (Scotland) Act, 1911 (1 & 2 Geo. 5, c. 10), as amended by 9 & 10 Geo. 5, c. 9, which is framed on the lines of the English statute...
Intestates Estates Act, 1884 (English)
Intestates Estates Act, 1884 (English) (47 & 48 Vict. c. 71), ss. 2 and 3, whereby administration for the Crown of the personal estate of an intestate is conducted on similar principles to those of an ordinary administration. The sections have been reproduced and amended by ss. 30 and 57, A.E. Act, 1925. The other provisions of the Intestates Estates Act,1884 (except s. 55), have been repealed by the A.E. Act, 1935. By the repealed s.s, when a person died intestate and without an heir, his estate, legal or equitable, in any incorporeal hereditament, and any equitable estate in any corporeal hereditament, escheated to the Crown. Provision was also made for the waiver of the rights of the Crown in certain cases. See ESCHEAT....
intestate
intestate [Latin intestatus, from in- not + testatus testate] 1 : having not made a valid will [died ] 2 : not disposed of by a valid will [ property] [an estate] ;specif : transmitted according to statutory rules governing intestate succession 3 : of or relating to intestate succession [ laws] ...
Intestate
Intestate, one who has left no will. In regard to all the deaths before 1925, if he left no heir, his real property escheated (see ESCHEAT) to the Crown or lord of the manor, and his personal property was administered by a nominee of the Crown for the benefit of the Crown. The (English) A.E. Act, 1925, s. 51, abolished the old rules of descent, and the intestate estates of persons dying after 1925 are, with some exceptions, administered and distributed according to the provisions of that Act. See DISTRIBUTION and ADMINISTRATOR; WIDOW.Swinburne, Godolphin, and others of the early writers on the subject apply the term to one who dies leaving a will, but not appointing an executor; the term testament being formerly applied only to a will which appointed an executor. See Swinburne, pt. 1, s. 1; and 1 Williams on Executors.A person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect. [Hindu Succession Act, 195...
Dying intestate
Dying intestate, a person dies intestate either not having made any Will or having made an invalid Will, Manshan v. Tej Ram AIR 1980 SC 558: (1980) Supp SCC 367....
intestate succession
intestate succession see succession ...
Death intestate
Death intestate, means death without leaving a will. If is not clear whether it would apply to a partial intestacy in respect of any particular property, Whitmore v. Lambert, (1955) 2 All ER 147....
Hindu male dying intestate
Hindu male dying intestate, The expression merely means 'in the case of intestacy of a Hindu male', Fateh Bibi v. Charan Dass, AIR 1970 SC 789 (794): (1970) 1 SCC 658. [Hindu Law of Inheritance (Amendment) Act, 1929 Preamble]...
Widow
Widow, a woman whose husband is dead and who has not remarried, Black's Law Dictionary, 7th Edn., p. 1592.A widow is entitled equally with next of kin to administration of her deceased husband's estate subject to the discretion of the Court [see In the Estate of Paine, A.J., (1916) 115 LT 935]In regard to deaths after 1925, by the Administration of Estates Act, 1925, s. 46:-(1) The residuary (real and personal) estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this s., namely:-(i) If the intestate leaves a husband or wife (with or without issue) the surviving husband or wife shall take the personal chattels (q.v.) absolutely and in addition the residuary estate of the intestate shall stand charged with the payment of a net sum of 1000l. free of death duties and costs to the surviving husband or wife (with interest from date of death at 5 per cent. per annum until paid or appropriated and subject thereto as provided).(a) If the intestate lea...
Distribution, Statute of
Distribution, Statute of (22 & 23 Car. 2, c. 10), now only applied to intestacies prior to 1926, repealed by (English) Administration of Estates Act, 1925 (see WIDOW), explained by the Statute of Frauds, 29 Car. 2, c. 3, enacts that the surplusage of intestates' personal estate (except of femes covert, the administration and enjoyment of whose estates belonged, at Common Law, to their husbands-but see MARRIED WOMEN'S PROPERTY) shall, after the expiration of one year from the death of the intestate, be distributed in the following manner: one-third shall go to the widow of the intestate, and the residue in equal proportions to his children, or, if dead, to their representatives, that is, their lineal descendants; if there be no children or legal representative subsisting ,then a moiety shall go to the widow, and a moiety to the next of kindred in equal degree, and their representatives; if no widow, the whole shall go to the children; if neither widow nor children, the whole shall be di...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial