Intestacy and the 28-day spousal survivorship rule
Arjun died intestate on 1 May 2026, domiciled in England. He was survived by his wife, Neha, and their two adult children. Neha was seriously ill and died 19 days after Arjun. Arjun's estate consists of personal chattels and investments well in excess of the statutory legacy.
Which of the following best describes how Arjun's estate will be distributed?
Choose one answer to see the reasoning.
Worked answer
Correct answer D: Neha is treated as not having survived Arjun, so the whole estate is held on the statutory trusts for the two children.
THE RULE TO REMEMBER
On intestacy a spouse or civil partner who dies within 28 days of the intestate is treated as not having survived.
Intestacy and the 28-day spousal survivorship rule
Section 46(2A) Administration of Estates Act 1925 provides that where the intestate's spouse or civil partner survives the intestate but dies within 28 days beginning with the day of death, the spouse is treated as not having survived. Neha died 19 days after Arjun, so she is ignored. Arjun leaves issue but no surviving spouse for intestacy purposes, so under s.46(1)(ii) the whole residuary estate is held on the statutory trusts for his children.
Why A is wrong: This describes the entitlement of a spouse who qualifies (s.46(1)(i)); Neha does not, because of the 28-day rule.
Why B is wrong: Even a qualifying spouse does not take everything where the intestate leaves issue, and Neha is in any case treated as predeceasing.
Why C is wrong: Intestacy contains no rule of equal division between spouse and children.
Why E is wrong: Bona vacantia arises only where no one entitled survives; the children take.
That's today's practice done. Another featured question tomorrow.
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