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Q&As

Where an intestacy arises as a result of the operation of section 15 of the Wills Act 1837 because the beneficiary’s husband attested the Will of the beneficiary’s parent, can the child (beneficiary) still inherit under the intestacy rules?

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Published on: 06 April 2018

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Section 15 Wills Act 1837

The attesting witnesses, the husbands and wives or civil partners of attesting witnesses, cannot take under a beneficial gift contained in the testamentary instrument so attested.

That part of the Will which contains the nullified gift is not disregarded if it is necessary to have regard to it for the purpose of ascertaining what is the nature of other gifts in the Will, or in what event other gifts are intended to take effect. But the gift as regards the person who attests the Will or their spouse or

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Jurisdiction(s):

United Kingdom

Key definition:

Intestacy definition

What does Intestacy mean?

An intestacy arises where a person dies without legally bequeathing his property.

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