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The Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (c. 7) is an Act of the Parliament of the United Kingdom altering the rules on inheritance in England and Wales. Under the forfeiture rule of English common law, a person may not inherit from someone whom he or she has unlawfully killed.
Where a person dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased within England and Wales, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed.
This Act makes provision for a court to vary (and extend when appropriate) the distribution of the estate of a deceased person to any spouse, former spouse, child, child of the family or dependant of that person in cases where the deceased person's will or the standard rules of intestacy fail to make reasonable financial provision.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
The Administration of Estates Act 1925 (15 & 16 Geo. 5. c. c. 23) is an act passed in 1925 by the British Parliament that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales.
Testate – person who dies having created a will before death. Testator – person who executes or signs a will; that is, the person whose will it is. The antiquated English term of Testatrix was used to refer to a female. [10] Trustee – a person who has the duty under a will trust to ensure that the rights of the beneficiaries are upheld.
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased. In forced heirship, the estate of a deceased (de cujus) is separated into two portions. An indefeasible portion, the forced estate, [a] passing to the ...
The probate court will then oversee the process of distributing the deceased's assets to the proper beneficiaries. A probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel an executor to give an account of their actions.