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Comparative Succession LawVolume II: Intestate Succession$
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Kenneth Reid, Marius de Waal, and Reinhard Zimmermann

Print publication date: 2015

Print ISBN-13: 9780198747123

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198747123.001.0001

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Intestate Succession in England and Wales

Intestate Succession in England and Wales

(p.323) 14 Intestate Succession in England and Wales
Comparative Succession Law

Roger Kerridge

Oxford University Press

This chapter first traces the historical development of succession law in England and Wales from 1066 to 1925. During this period, the central feature of intestacy law was that there were two separate sets of rules – one applicable to real property (realty), and the other to personal property (personalty). In 1925, a series of major reforms were enacted regarding property law: the Settled Land Act, the Trustee Act, the Law of Property Act, the Land Registration Act, and the Administration of Estates Act. The 1925 changes to the intestacy law were much more radical than anything which had gone before. The essential pattern for intestate succession as set in 1925 still applies today. The remainder of the chapter explains three issues relevant to the context in which the intestacy rules operate: concurrent ownership, hotchpot, and intestacy statistics; and describes the reform of intestacy rules (1989 to 2014), intestacy rules for cohabitants, and total and partial intestacy.

Keywords:   English law, civil law, intestate succession, succession law, intestacy rules, concurrent ownership, hotchpot, law reform, cohabitants

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