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Emma died intestate, leaving behind her spouse, two children, and her elderly mother. How will her estate be distributed under the intestacy rules?

A. The entire estate goes to the spouse.

B. The estate is divided equally among the spouse, children, and mother.

C. The spouse receives the personal chattels, the first £270,000, and half of the remaining estate; the children receive the other half.

D. The spouse and children each receive one-third of the estate.

E. The estate is divided equally among the children and mother.

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Under the intestacy rules in England and Wales, if a person dies leaving a spouse and children, the spouse receives the personal chattels, the first £270,000 of the estate, and half of the remaining estate. The other half of the remaining estate is divided equally among the children.

Key Point: The intestacy rules dictate specific distribution formulas based on the surviving relatives, ensuring fair and statutory-compliant distribution of the estate.

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Wills and the Administration of EstatesUnit 2Chapter 5

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