Chapter

* Dividing Family Property on Death: Approaches to Reform of Intestacy

STEPHEN CRETNEY

in Law, Law Reform and the Family

Published in print December 1998 | ISBN: 9780198268710
Published online March 2012 | e-ISBN: 9780191683565 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268710.003.0010
* Dividing Family Property on Death: Approaches to Reform of Intestacy

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The law of intestacy is of great practical importance and considerable social, economic and political significance. For it is the law of intestate distribution which determines how property should be divided on the owner's death in those cases where there is no effective will. In substance, the state does what the deceased has failed to do. This chapter deals with significant episodes in the recent history of intestacy reform in the United Kingdom. In particular, it examines the work of a small ad hoc committee chaired by a Law Lord which made the recommendations embodied in the Intestates' Estates Act 1952. It also analyses the developments which, some three decades later, led to the rejection of the Law Commission’s proposals. It concludes by considering the options for further law reform.

Keywords: United Kingdom; law; intestacy; distribution; property; owner; death; law reform; Intestates' Estates Act 1952

Chapter.  21198 words. 

Subjects: Family Law

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