Intestacy with no spouse, issue or parent: whole-blood sibling's issue before half-blood sibling
Gethin died intestate in 2026, domiciled in England. He never married or formed a civil partnership and had no children. Both his parents died before him. His only full brother, Rhodri, died in 2023 leaving two adult children, Siân and Owain, who survived Gethin. Gethin was also survived by his half-sister, Mererid (they shared the same mother), and by his paternal grandmother, Gwen.
Which of the following best describes who is entitled to Gethin's estate?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: Siân and Owain share the whole estate equally, taking their father's share.
THE RULE TO REMEMBER
With no spouse, issue or parent, the estate passes on the statutory trusts for whole-blood siblings (including issue of a predeceased sibling) before half-blood siblings or grandparents.
Intestacy with no spouse, issue or parent: whole-blood sibling's issue before half-blood sibling
Gethin left no spouse or civil partner, no issue and no parent, so s.46(1)(v) Administration of Estates Act 1925 applies. The estate is held first 'on the statutory trusts for the brothers and sisters of the whole blood of the intestate', and only if no one takes an absolutely vested interest under those trusts does it pass to siblings of the half blood, then grandparents. Under s.47(1)(i) and (3), the statutory trusts for siblings include the issue of a sibling who predeceased the intestate, who take by representation the share their parent would have taken. Rhodri was Gethin's brother of the whole blood; his adult children, Siân and Owain, take his share and attain vested interests. Because someone takes under the whole-blood class, the half-blood class (Mererid) and the grandparents (Gwen) are excluded. Siân and Owain therefore share the whole estate equally.
Why A is wrong: Half-blood siblings take only if no one takes a vested interest under the statutory trusts for whole-blood siblings, which include Rhodri's issue.
Why B is wrong: Grandparents come third in s.46(1)(v), after both classes of siblings and their issue.
Why C is wrong: There is no sharing between classes; the whole-blood class takes everything and excludes the half blood.
Why D is wrong: Mererid is in a later class, and Siân and Owain take only their father's share between them, not shares per head alongside other classes.
A little more practice done.
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