IHTM12129 - Distributions under intestacy (E & W): hotchpot

For deaths prior to 1 January 1996 the Administration of Estates Act 1925 required persons entitled on an intestacy to bring certain benefits received into account, that is to say into hotchpot, against their share under the intestacy.

This meant that for deaths prior to 1996

• any money or property received by children (but not grandchildren) before the death by way of advancement or on marriage had to be taken into account and set against their share of the intestate’s estate, and
• where there was a partial intestacy, the surviving spouse or issue of the intestate were required to bring into account the value of any benefits given to them under the will.

These hotchpot provisions have been abolished by the Law Reform (Succession) Act 1995 for deaths on or after 1 January 1996.