Construction of wills, and distribution on intestacy

A two-part essay: critically analyse the rules governing the construction of wills, and briefly discuss how an intestate’s estate is distributed. The wording tells you the mark split — and most candidates get it wrong.

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Two-part essayCritically analyse / briefly discussSuccession Act 1965

Set in two of the last five sittingsTwo parts, unequal marksSuccession Act 1965

What this model answer covers

Sections in the full LawShortcut model answer:

Reading the question
The primary rule: intention as expressed in the will
Natural meaning, technical meaning and the armchair
The Heron procedure: working through a disputed will
Section 99: the operative interpretation preferred
Section 89: the will speaks from death — and where it does not
Extrinsic evidence under section 90 — in outline
The specific statutory rules of construction
Critical assessment of part (a)
When intestacy arises, and what is distributed
The statutory shares
Per stirpes, representation and the supporting rules
Advancement and hotchpot — section 63
Overall advice

Full model answer

Read the complete LawShortcut model answer — reading the question, the law, application to the facts, where the marks live, the authorities relied on and the reusable structure.

Part of the FE-1 Property Repeat Question Model Answers. Every authority checked against primary sources; nothing cited that has not been verified.

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