What is the 28 day rule in Wills?

The 28-day rule in Wills is related to when beneficiaries can inherit according to the rules of intestacy. 

Notably, a 'survivorship period' of 28 days is imposed on the spouse, during which they cannot inherit. If the spouse passes away within this 28-day period, they are treated as not having survived the deceased, and the next class of beneficiaries becomes entitled to inherit without a survivorship period. This provision ensures clarity and succession in cases of intestacy and can also prevent tax complications.

In cases where there is a surviving spouse and no children, the spouse is entitled to the entire residuary estate. If there is a surviving spouse and children, the spouse receives the 'personal chattels' and a statutory legacy including interest. The residuary estate is then divided equally between the spouse and the children.