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Where a person dies intestate with no spouse and no children, the estate goes to the surviving parents

A worked RES examination question on succession wills intestacy, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.

Paper 1Lesson 5Succession wills intestacyFree — no sign-up

The question

Mr Balan, a widower, dies intestate. He is survived by no spouse and by no children, both of his own children having died before him leaving no issue. His elderly mother is still living, and he also leaves two brothers. He had made no will.

Which statement is correct?

  1. A. His mother and his two brothers each take an equal one-third share of the whole estate.
  2. B. His two brothers share the whole estate equally, as the closest surviving blood relatives.
  3. C. His mother takes the whole estate, surviving parents being preferred to brothers on intestacy.
  4. D. The estate passes to the State, there being neither a spouse nor any surviving children.

The answer, and why

Answer: C

The rule. Where a person dies intestate with no spouse and no children, the estate goes to the surviving parents. Siblings take only where no parent survives.

Why C is correct. Mr Balan left no spouse and no children, but his mother survives. She takes the whole estate; the brothers are postponed to her.

The other options.

  • B gives the estate to the brothers. They take only if no parent survives.
  • A splits the estate between the mother and the brothers. Siblings do not share alongside a surviving parent.
  • D sends the estate to the State. That happens only when no relatives at all survive.

Exam note. Parents come before siblings. The State takes last, and only when the family line is exhausted.

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