Examination Timing: 00H00M43S
A man died intestate a month ago. He had never been married or in a civil partnership. At the time of his death, the man was living with his partner, with whom he had been cohabiting for 20 years, and her daughter (aged 23 years). The partner’s daughter lived with the man and his partner throughout their relationship. The man had a son (aged 25 years) from a previous relationship and a daughter (aged 19 years) whom he and his partner adopted ten years ago. Who is entitled to share in the distribution of the man’s estate?
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Under the rules of intestacy in England and Wales, the estate of a person who dies intestate is distributed to their closest living relatives. Cohabiting partners are not recognised under these rules, so the partner and her daughter are not entitled to a share of the estate. The man's biological son and his adopted daughter, however, are entitled to inherit. Adoption confers the same rights as biological children under the rules of intestacy.
Key Point: The rules of intestacy in England and Wales do not recognise cohabiting partners or their children. Only spouses, civil partners, and biological or adopted children are entitled to inherit under these rules.
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