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The Marvelous Misadventures of Flapjack
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The Marvelous Misadventures of Flapjack
Genre
Adventure
Fantasy
Horror
Comedy
Surrealism
Satire
Created by
Thurop Van Orman
Directed by
Thurop Van Orman
John Infantino (assistant director)
John McIntyre (supervising director)
Creative director(s)
J. G. Quintel
John Infantino
Voices of
Thurop Van Orman
Brian Doyle-Murray
Roz Ryan
Jeff Bennett
Steve Little
Daran Norris
Jackie Buscarino
Richard McGonagle
S. Scott Bullock
Kent Osborne
June Foray
Kevin Michael Richardson
Opening theme
"The Misadventures of Flapjack", written by Thurop Van Orman & Dan Cantrell; performed by the cast
Composer(s)
Dan Cantrell
Country of origin
United States
Original language(s)
English and others
No. of seasons
3
No. of episodes
92 (list of episodes)
Production
Executive producer(s)
Thurop Van Orman
Producer(s)
Pernelle Hayes
Supervising Producer:
Jennifer Pelphrey
Editor(s)
Kent Osborne
Dave Tennant (story editors)
Running time
11 minutes
22 minutes (Low Tidings and All Hands on Deck only)
Production company(s)
Cartoon Network Studios
Screen Novelties (stopmotion segments)
Distributor
Warner Bros. Television Distribution
Release
Original network
Cartoon Network
Picture format
1080i (16:9 HDTV)
Original release
June 5, 2008 (2008-06-05) – August 30, 2010 (2010-08-30)
External links
Website
The Marvelous Misadventures of Flapjack is an American animated television series created by Thurop Van Orman for Cartoon Network that premiered in North America on June 5, 2008.[1] It stars creator Thurop Van Orman as the voice of Flapjack, a naïve young boy who was raised by a whale named Bubbie and is mentored by a salty sea pirate called Captain K'nuckles. Together the trio spend their days in Stormalong Harbor, where most of the show takes place, whilst on the search for the elusive Candied Island.
Van Orman, who pitched the idea to Cartoon Network as early as 2001, incorporated his own dreams of marine adventures, acquired while living in Florida as a boy, into the series. After three seasons and 92 episodes, the series concluded on August 30, 2010. During its run, Flapjack received two Primetime Emmy Award nominations, two Annie Award nominations, and one Golden Reel Award nomination. On April 20, 2012, reruns of the series returned to Cartoon Network on the revived block, Cartoon Planet.[2]
Contents
[hide]
1 Overview
2 Setting
3 Characters
3.1 Main characters
3.2 Recurring characters
4 Production
5 Episodes
6 In other media
6.1 DVD release
6.2 Video games
7 Reception
7.1 Awards
7.2 Broadcast
8 References
9 External links
Overview[edit]
The series revolves around best friends Flapjack and Captain K'nuckles. Flapjack is a young boy who was raised by a talking whale named Bubbie. Flapjack leads a peaceful life until the duo rescues a pirate by the name of Captain K'nuckles, who tells Flapjack of a place called Candied Island, which is made completely of candy. Inspired by the adventurous pirate, Flapjack, Captain K'nuckles and Bubbie get into strange predicaments and "misadventures" in search of candy, Candied Island and the coveted title of "Adventurer". The three spend most of their time in Stormalong Harbor, their place of residence, and home to many strange characters.
Setting[edit]
Most characters live in the fictional city of lots of candy stuff. The city is built on a series of docks in the middle of the ocean with little surrounding land. It is possible to actually swim underneath the city, which is often done by Bubbie. The wealthier citizens live on more elevated piers, which have vegetation-growing land attached to it, while the lower class lives lower in the city. Stormalong also has a sewer system and a series of underground tunnels. Most inhabitants are sailors of some sort, and sailors and/or pirates are constantly visiting from other lands. Stormalong has a great variety of (often bizarre) shops, including a bar that serves candy instead of alcohol (The Candy Barrel). The city appears to be relatively dystopian, with a large level of crime and loitering, and the only forms of law enforcement being the Dock Hag and a relatively small police force.
Characters[edit]
Main characters[edit]
The lead characters, Captain K'nuckles and Flapjack
Flapjack (voiced by Thurop Van Orman) - A strange, cute and funny little boy with one tooth in the top and bottom of his mouth who was found and raised by Bubbie, a talking whale. Flapjack is very naïve and oblivious to danger,[3] thus he is easily caught up in perilous situations. He holds K'nuckles in extremely high regard, with his affection for the captain sometimes bordering on obsession. His catchphrase is "Adventure!" (said whenever excited). He is voiced by series creator Thurop Van Orman. During the ending of the final episode, Thurop's son Leif plays the role of Flapjack. Flapjack's original voice actor was meant to be Paul Reubens, but Reubens never showed up to any recording sessions.
Captain K'nuckles (voiced by Brian Doyle-Murray) - An old Irish captain who claims to be the greatest adventurer the world has ever known. Nowadays, he prefers to nap and drink maple syrup, while telling outrageous tales of past adventures and getting Flapjack wrapped up in his high seas hi-jinks. In reality, his stories are either completely false, or nowhere near as adventurous or amazing as he leads Flapjack to believe. He may not be an entirely incompetent adventurer however, as he was able to steal the Mermaid Queen's heart and successfully escape her guards in "Gone Wishin'". He is a candy addict; he will do whatever it takes to get his hands on candy. Because of this, he is incredibly selfish, putting the well-being of himself and the acquisition of candy above all else. Because of his often selfish, rude, and openly villainous behavior, K'nuckles has earned the open hostility and disrespect of nearly everybody in Stormalong, but is still respected by other pirates. Although he has a habit of taking advantage of Flapjack for his own needs, he is actually fond of him and will often attempt to get him out of trouble when a scheme of theirs goes too far. He also defends Flapjack when others try to deceive him, something that he does on a regular basis. Most of his body is composed of wood: his hands are wooden, his legs are pegs and his behind (his "sittin' muscle", as he calls it) is a wooden board. He is also made of parts stolen by other pirates. Because of his artificial body, he makes mechanical noises when he moves. K'nuckles spends most of the adventures with Flapjack trying to find Candied Island. Flapjack often has to defend him when he is in trouble. During the ending of the final episode, Thurop Van Orman portrays live-action K'nuckles.
Bubbie (voiced by Roz Ryan) - An anthropomorphic whale, she is Flapjack's devoted, adoptive single mother. Bubbie serves as the primary home and transport of both Flapjack and K'nuckles. She frequently disapproves of Flapjack's desire for adventure, but will always be won over. As told in "Oh Brother", she found Flapjack at sea in a bed of seaweed. Bubbie and K'nuckles frequently disapprove of each other's actions, especially concerning 'adventure'. She believes K'nuckles to be irresponsible, lazy, and a bad influence on Flapjack. However, Bubbie is classified as a hypocrite by K'nuckles because of how she has a consistency of being irresponsible and rule-breaking herself. It is revealed in "100 Per Census" that Bubbie's last name is the same as her first name. Flapjack and K'nuckles live in her mouth.
Recurring characters[edit]
Peppermint Larry (voiced by Jeff Bennett) - The owner and manager of The Candy Barrel, the only place in Stormalong where adventurers can get candy (besides the Candy Trough, only seen in one episode). Peppermint Larry is shown as a generally nice person, but can also be hasty and selfish at times. Peppermint Larry is lonely and unsocial, so he made a woman of candy named Candy Wife; though he has an ugly adopted daughter named Candy. He loves Candy Wife as if she were real, while most other residents of Stormalong "played along" to humor him; until the episode "Just One Kiss," the show was deliberately vague as to whether or not she was actually "alive" or a delusion in Larry's mind. He often buys her candy rings telling everyone she has a taste for expensive items. It is also shown he hates pickles, as when he was stranded on Pickle Island and when Candy Wife put pickle juice in his drink to strike back at Larry, who exclaims, "Pickle juice? I don't even like pickle juice!" He was once fired by the Dock Hag because he was using dead rats as puppets, and after wanted to be called "Mr. Larry." Larry has a bit of a grudge against K'nuckles, partially because of how K'nuckles is constantly bringing Flapjack in to the Candy Barrel without any money, but mostly because of K'nuckles' love interest in Candy Wife, which is revealed in "Love Bugs."
Doctor Julius Barber (voiced by Steve Little) - The current doctor and barber of Stormalong. He is not only a doctor and a barber, but also a certified candyologist. Like many characters in the show, Doctor Barber has an odd, unsettling demeanor. His driving ambition is to perform surgery on and give hair cuts to as many people as possible. It is unclear whether his drive to perform surgery is motivated by his desire to help his patients or is caused by a terribly sadistic nature. His obsession with surgery leads him to always advise the simplest medical problems be addressed with a surgical procedure (much to the denizens chagrin). In an early episode, it is revealed that he feeds the leftover hair from his clients to an odd monster that lives under his barber shop. He seems to have a very secretive lifestyle that is far outside of what Flapjack and K'nuckles know. Doctor Barber sometimes gets shipments in from Candied Island. Flapjack sometimes helps Doctor Barber with his insane shenanigans, often without understanding what Doctor Barber is really up to. Doctor Barber appears to live with his mother, though she resides in a dresser drawer and may simply be a voice Barber hears in his head a la Norman Bates in the film Psycho. Real or not, she seems to nag him about everything. He is often quoted to say, "Hmmm, yes."
Dock Hag (voiced by Daran Norris) - The law enforcer of the Stormalong dock. She is portrayed as a semi-old woman with obvious obesity, and black hair. She is seen to have a crush on K'nuckles, making a doll of him out of his "dock tickets". She never shows this outside of her home, and is usually cold and bitter to everyone who comes in contact with her. She has a rotten nephew named Lawrence, who is almost as mean as she is (though he plays tricks on people rather than just acting mean). It was shown that when she has to fill her ticket quota, she gives them to K'nuckles. She gives tickets to him even though he isn't doing anything and makes up rules so that she can give him more tickets. She was temporarily fired in "Mayor May Not" but it was never stated that she was rehired, implying that she just enforces the rules and writes her tickets for her own amusement and enjoyment. She unofficially won the beard contest and the hand of Peppermint Larry's ugly adopted daughter, Candy, and there are times when the two of them can sometimes be seen together.
Sally Syrup (voiced by Jackie Buscarino) is a young girl who sells seashells in Stormalong Harbor. Her name was influenced by the old nursery rhyme 'Sally sells seashells by the sea shore'. Flapjack seemed to have a crush on her (he was producing "sweethearts" that popped out of his head whenever someone mentioned Sally, which Captain K'nuckles and Peppermint Larry sold for profit). The sweethearts turned out to be Blood Gnats, which Doctor Barber reveals to the entire Candy Barrel. When Flapjack realizes he is not in love with her, Sally sadly asks, "You, you don't love me?" even though she had displayed disgust at the prospect earlier. As she departs, Flapjack is seen taking off his scarf and waving it at the ship, shouting, "Farewell, Sally Syrup! I don't love you!" Sally answers, waving her own handkerchief at him, "I don't love you too!" Flapjack then sighs dreamily, indicating that, despite everything, he might love Sally Syrup. By the end of the episode she drifted away to Blood Island for more shells and to get rid of the Blood Gnats. Then in The Return of Sally Syrup, it is found that Sally Syrup's father is The Professor and niece of The Inventor and she thought Stormalong Harbor was boring, until Flapjack tried to show her how fun it could be there. When she had to leave she said she actually did have fun. She and Flapjack shared a moment before she had to leave, when she was in the air and flying away she said, "The best part about today, was spending it with you" (speaking to Flapjack). When he asked, "Really?" she answered, "No, just kidding! Goodbye dummy!" although this could've just been an act to keep up her reputation. Flapjack then said "There goes my heart."
Eight-Armed Willy (vocal effects by Richard McGonagle) – An extremely large Giant Pacific Octopus with a cut sticking out of his head, resembling a hole. In "Skooled", Miss Leading dressed up like him to help Flapjack and Captain K'nuckles learn their left and rights. In "Willy! (Or Won't He?)", Flapjack tried to capture him with a group of people from Stormalong's only newspaper so that Flapjack could prove to Thomas Hatch that he was an adventurer and so that they can get more ink for the newspaper, but as it turned out, Willy was happy to give them ink and also helped Flapjack with his bet. Willy is shown to be larger than 100 ft. and is constantly making it difficult for Flapjack and K'nuckles to steal candy. Aside from Candied Island, Flapjack and K'nuckles attempt to get candy from Willy's secret stash of candy, located in Willy's ship. Willy has an eye patch over his right eye, and is shown to have terrorized Stormalong for years, as he is probably the reason for the Sea Monster Alarm. He is shown to be antagonistic, but he seems to care for Flapjack.
The Sailors
Patch (voiced by S. Scott Bullock) - A moustached white sailor who hangs out with Thomas.
Thomas Hatch (voiced by Kent Osborne) - A big-nosed white sailor with a bad temper. In most of the episodes he appears in, he is seen walking off-screen after being upset by someone, and the other sailors try to comfort him.
Satch - A black sailor who hangs out with Thomas.
The Inventor (voiced by Jeff Bennett) is a man who invents stuff to force child labor and is also the dastardly brother of The Professor. He invented a whale named W.O.O.S.H, which was designed to force children to help him achieve the goal of fastest thing in the Seven Seas. He invented the camera, but it is also powered by kids (having one of the kids draw whatever he saw). He is classed as a villain because he enforces child labor and is vengeful against Flapjack and K'nuckles, but sometimes he acts as if he weren't as bad as he seems (e.g. when he tried to help Flapjack and K'nuckles escape an overweight constable on a bicycle by offering them several inventions which they turned down).
Sea Urchins (voiced by Jeff Bennett and Kevin Michael Richardson) – Flapjack uses all of the polish Bubbie uses on her bells, so K'nuckles takes Flapjack to the other, bad side of Stormalong Harbor to get more. The duo encounter poor street urchin kids who demand their sea urchin back but Flapjack calls them sissies and the urchins track him down and try to fight Flapjack, only to be stopped by an angry Bubbie who threatens to flatten them if they come near him again. He invites them over for dinner and shelter & the urchins reward them with a song and dance routine. The next morning, however, they discover the urchins have taken off with their possessions, including Bubbie's prized bell collection. Flapjack and K'nuckles track them down, and the urchins challenge them to a dance-off. When the urchins' star dancer, Cheeks, takes a fall, the urchin's father steps in to intervene and accuses the urchins of killing his son and calls Jerry, who is the father of the urchins' leader, but then recognizes K'nuckles long-standing idol status in the bad part of Stormalong Harbor for his ability to "Do nothing for nobody". In the end, the urchins and their fathers give the bell collection back and Flapjack invites them inside Bubbie, who can't seem to take many people into her mouth. (Note: At the part of the episode where Bubbie intercepts the urchins' attempt to "get" Flapjack, Cheeks calls the urchins' leader "Ricky", when it is later revealed that his real name is "Oliver".)
Production[edit]
As a child, show creator Van Orman lived in Panama City, Florida, and "used to fantasize about living near the dock and having adventures all the time." When he was 13, his family moved to Utah, but Van Orman still dreamed of adventure. He worked after school as a janitor, saving money for a plane ticket back to Florida. There, he packed some rice and potatoes, and paddled a surfboard to Shell Island. He planned to live off sea urchins and "even speared a manta ray," but things soon went sour. Eventually he became badly sunburned and began to starve. He returned to the mainland, but later tried again: he "went to Mexico and lived in the jungles and found [himself] eating out of dumpsters." Orman took his failures in stride, chalking all these bad circumstances up as "part of the adventure".[3]
The original extended theme song for the show was used only once, for a musical special titled 'All Hands On Deck'. Modest Mouse singer Isaac Brock, a fan of the series, provided vocals for the version in the special.
Van Orman attempted to pitch the concept to Cartoon Network in 2001. He created a short and incorporated many childhood favorites, with visual inspiration from older adventure novels. His first pitch was rejected, but he received a lot of feedback and re-pitched the concept in 2003.[3]
The series works with Screen Novelties to produce the stop-motion and title card portions of the show.[3]
Paul Reubens was originally selected to be the voice of Flapjack, but when Reubens did not show up on the day of recording, Van Orman himself decided to voice Flapjack.[3]
The series came to an end on August 30, 2010, after 92 episodes. The final episode entitled "Fish Out of Water" included live action sequences and featured an appearance by creator Thurop Van Orman, and his son Leif, who played Flapjack.
Episodes[edit]
Main article: List of The Marvelous Misadventures of Flapjack episodes
Season
Episodes
Originally aired
First aired
Last aired
Pilot 2 May 7, 2007 (2007-05-07)
Shorts 5 July 27, 2007 (2007-07-27) August 24, 2007 (2007-08-24)
1 40 June 5, 2008 (2008-06-05) July 23, 2009 (2009-07-23)
2 40 July 30, 2009 (2009-07-30) June 21, 2010 (2010-06-21)
3 12 July 5, 2010 (2010-07-05) August 30, 2010 (2010-08-30)
In other media[edit]
DVD release[edit]
The volume 1 DVD was released on September 15, 2009. It contains the first five episodes and four bonus featurettes.[4] Originally, an interstitial (often falsely referred to as the pilot) that never aired on TV, Captain and ToeNeil, was intended as a bonus feature on the DVD, but was not included for unknown reasons. A volume two DVD was announced for a December 2010 release, but was canceled by the show's looming ending in August 2010.[citation needed]
Title
Season(s)
Episode count
Release date
Episodes
Special features
The Marvelous Misadventures of Flapjack: Volume 1 1 10 September 15, 2009 "Several Leagues Under the Sea", "Eye Sea You", "Kid Nickels", "The Sweet Life", "Several Leagues Above the Sea", "That's a Wrap!", "Cammie Island", "Shave and a Haircut... Two Friends", "Skooled", and "Snarked" Adventures in: voice acting and animation, Misadventures in song, Meet Thurop
Video games[edit]
A Flapjack video game was confirmed by series creator Thurop Van Orman in Spring 2010 for the Nintendo DS system. When the show was cancelled, the game was cancelled with it.[citation needed] Flapjack and Captain K'nuckles appeared as playable characters in Cartoon Network: Punch Time Explosion; Peppermint Larry and Candy Wife acted as assist characters, while one of the stages is set within Bubbie's Mouth. Eight-Armed Willy appears as part of Flapjack's Punch Time Explosion.
Reception[edit]
This section is in a list format that may be better presented using prose. You can help by converting this section to prose, if appropriate. Editing help is available. (October 2009)
Marilyn Moss (2008-06-04). "TV Review: The Marvelous Misadventures of Flapjack". The Hollywood Reporter. Retrieved 2008-06-11. Bottom Line: Feisty and funny animated series that kids will fall for hook, line and sinker. [dead link]
Ed Liu (2008-06-05). ""The Marvelous Misadventures of Flapjack" Needs a Weird Infusion, Me Hearties!". Toon Zone. Archived from the original on 2008-06-10. Retrieved 2008-06-11.
Ed Liu (2009-10-30). ""The Marvelous Misadventures of Flapjack" Vol. 1: It Got The Weird Infusion, Mateys!". Toon Zone. Archived from the original on 2013-01-12. Retrieved 2009-10-30.
Awards[edit]
Year
Award
Category
Nominee
Result
2009 Golden Reel Awards Best Sound Editing – Television Animation[5] Nominated
2009 Primetime Emmy Awards Outstanding Individual Achievement in Animation[6] Chris Roszak
(for "Sea Legs") Won
2010 Annie Awards Best Animated Television Production for Children[7] Nominated
Best Directing in a Television Production[7] John Infantino
J. G. Quintel
(for "Candy Cassanova") Nominated
Primetime Emmy Awards Outstanding Short Form Animated Program For "Tee Hee Tummy Tums" Nominated
Broadcast[edit]
Cartoon Network (2008-2010; 2010, 2012–14)
References[edit]
Jump up ^ Zeus, Maxie (2008-04-04). "CN Upfront 2008: "Misadventures of Flapjack" Coming This Summer". Toon Zone. Retrieved 2008-04-05.
Jump up ^ Walton, Zach (March 29, 2012). "Cartoon Network Brings Back The Classics With Cartoon Planet". WebProNews. iEntry Network. Retrieved 31 March 2012.
^ Jump up to: a b c d e Zahed, Ramin (2008-07-07). "Thurop Van Orman, Creator Cartoon Network's The Marvelous Misadventures of Flapjack". Animation Magazine. Retrieved 2009-08-27.
Jump up ^ "The Marvelous Misadventures of Flapjack — Vol. 1". TVShowsonDVD.com. Retrieved 2010-07-10.
Jump up ^ "2009 Golden Reel Awards Nominees: Television". MPSE. Archived from the original on July 15, 2010. Retrieved 2010-05-31.
Jump up ^ "Emmy Awards 2009: Outstanding Individual Achievement in Animation". Emmys.com. Archived from the original on September 1, 2010. Retrieved 2010-05-31.
^ Jump up to: a b "37th Annie Awards: Nominees". Annie Awards. Archived from the original on December 4, 2009. Retrieved 2010-01-01.
External links[edit]
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Intestacy
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"Intestate" redirects here. It is not to be confused with Interstate.
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Wills, trusts
and estates
Part of the common law series
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v
t
e
Intestacy is the condition of the estate of a person who dies without having made a valid will or other binding declaration.[1] Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance.
Contents
1 History and the common law
2 Rules
3 Current law
3.1 United Kingdom
3.1.1 England and Wales
3.1.2 Scotland
3.2 Canada
3.3 United States
4 See also
5 References
History and the common law[edit]
Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be decreased on account of some very specific misconduct by the forced heir. In matters of cross-border inheritance, the "laws of succession" is the commonplace term covering testate and intestate estates in common law jurisdictions together with forced heirship rules typically applying in civil law and Sharia law jurisdictions. After the Statute of Wills 1540, Englishmen (and unmarried or widowed women) could dispose of their lands and real property by a will. Their personal property could formerly be disposed of by a testament, hence the hallowed legal merism last will and testament.
Common law sharply distinguished between real property and chattels. Real property for which no disposition had been made by will passed by the law of kinship and descent; chattel property for which no disposition had been made by testament was escheat to the Crown, or given to the Church for charitable purposes. This law became obsolete as England moved from being a feudal to a mercantile society, and chattels more valuable than land were being accumulated by townspeople.
Rules[edit]
Where a person dies without leaving a will, the rules of succession of the person's place of habitual residence or of their domicile often apply, but it is also common for the principality where the property is located to have jurisdiction regardless of the decedent's residence or domicile.[2] In certain jurisdictions such as France, Switzerland, the U.S. state of Louisiana, and much of the Islamic world, entitlements arise whether or not there was a will. These are known as forced heirship rights and are not typically found in common law jurisdictions, where the rules of succession without a will (intestate succession) play a back-up role where an individual has not (or has not fully) exercised his or her right to dispose of property in a will.
Current law[edit]
In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent. Property goes first or in major part to a spouse, then to children and their descendants; if there are no descendants, the rule sends you back up the family tree to the parents, the siblings, the siblings' descendants, the grandparents, the parents' siblings, and the parents' siblings' descendants, and usually so on further to the more remote degrees of kinship. The operation of these laws varies from one jurisdiction to another.
United Kingdom[edit]
England and Wales[edit]
In England and Wales the Intestacy Rules have been uniform since 1925 and similar rules apply in Northern Ireland, the Republic of Ireland and many Commonwealth countries and Crown dependencies. These rules have been supplemented by the discretionary provisions of the Inheritance (Provision for Family and Dependants) Act 1975 so that fair provision can be made for a dependent spouse or other relative where the strict divisions set down in the intestacy rules would produce an unfair result, for example by providing additional support for a dependent minor or disabled child vis-a-vis an adult child who has a career and no longer depends on their parent.
The rules of succession are the Intestacy Rules set out in the Administration of Estates Act and associated legislation. The Act sets out the order for distribution of property in the estate of the deceased. For persons with surviving children and a wealth below a certain threshold (£250,000 as from February 2009), the whole of the estate will pass to the deceased's spouse or also, from December 2005, their registered civil partner. For persons with no surviving children but surviving close relatives (such as siblings or parents), the first £450,000 goes to the spouse or civil partner (as from February 2009).[3] Such transfers below the threshold are exempt from UK inheritance tax.
If a person dies intestate with no identifiable heirs, the person's estate generally escheats (i.e. is legally assigned) to the Crown (via the Bona vacantia division of the Treasury Solicitor) or to the Duchy of Cornwall or Duchy of Lancaster when the deceased was a resident of either; in limited cases a discretionary distribution might be made by one of these bodies to persons who would otherwise be without entitlement under strict application of the rules of inheritance.[4]
For deaths after 1 October 2014, the current rules where someone dies leaving a spouse or civil partner are as follows:
If there are no children, grandchildren, or great-grandchildren then the spouse or civil partner inherits the entire estate.
If there are children, grandchildren, or great-grandchildren, the spouse receives the personal possessions and the first £250,000, then half of everything else passing under the intestacy rules. The other half passes to the children equally at 18, with provision for grandchildren whose parents have died before the intestate deceased.
In larger estates, the spouse will not receive the entire estate where the deceased left other blood relatives and left no will. They will receive the following:
all property passing to them by survivorship (such as the deceased's share in the jointly owned family home);
all property passing to them under the terms of a trust (such as a life insurance policy);
a statutory legacy of a fixed sum (being a larger sum where the deceased left no children); and
a life interest in half of the remaining estate.
The children (or more distant relatives if there are no children) of the deceased will be entitled to half of the estate remaining immediately and the remaining half on the death of the surviving spouse. Where no beneficiaries can be traced, see bona vacantia.
Scotland[edit]
The law on intestacy in Scotland broadly follows that of England and Wales with some variations. A notable difference is that all possible (blood) relatives can qualify for benefit (i.e. they are not limited to grandparents or their descendants). Once a class is 'exhausted', succession continues to the next line of ascendants, followed by siblings, and so on. In a complete absence of relatives of the whole or half-blood, the estate passes to the Crown (as ultimus haeres). The Crown has a discretion to benefit people unrelated to the intestate, e.g. those with moral claims on the estate.[5]
Canada[edit]
In Canada the laws vary from province to province. As in England, most jurisdictions apply rules of intestate succession to determine next of kin who become legal heirs to the estate. Also, as in England, if no identifiable heirs are discovered, the property may escheat to the government.[citation needed]
United States[edit]
In the United States intestacy laws vary from state to state.[6] Each of the separate states uses its own intestacy laws to determine the ownership of residents' intestate property. Attempts in the United States to make probate and intestate succession uniform from state to state, through efforts such as the Uniform Probate Code, have been met with limited success.
The distribution of the property of an intestate decedent is the responsibility of the administrator (or personal representative) of the estate: typically the administrator is chosen by the court having jurisdiction over the decedent's property, and is frequently (but not always) a person nominated by a majority of the decedent's heirs.
Federal law controls intestacy of Native Americans.[7]
Many states have adopted all or part of the Uniform Probate Code, but often with local variations,[8] In Ohio, the law of intestate succession has been modified significantly from the common law, and has been essentially codified.[9] The state of Washington also has codified its intestacy law.[10] New York has perhaps the most complicated law of descent of distribution.[11][12] Florida's intestacy statute permits the heirs of a deceased spouse of the decedent to inherit, in the event that the decedent has no other heirs.
See also[edit]
Administration of an estate on death
Estate Planning
Testator
Uniform Simultaneous Death Act
References[edit]
Jump up ^ "Intestacy". Wex. Cornell Law School. Retrieved 20 September 2017.
Jump up ^ "Intestate Succession – Where does everything go without a Will?". Pauper Planning Techniques. Curnalia Law, LLC. Retrieved July 15, 2014.
Jump up ^ Family Provision (Intestate Succession) Order 2009 (S.I. 2009 No. 135)
Jump up ^ "Guide to Discretionary Grants in Estates Cases". The Treasury Solicitor, Bona Vacantia Division. The National Archives. Archived from the original on 3 October 2009. Retrieved 6 September 2017.
Jump up ^ Gorham, John (8 July 1999). "A Comparison of the English and Scottish Rules of Intestacy". The Association of Corporate Trustees. Retrieved 6 September 2017.
Jump up ^ "The Probate Process". American Bar Association. Retrieved 6 September 2017.
Jump up ^ "25 U.S. Code § 2206 - Descent and distribution". Legal Information Institute. Cornell Law School. Retrieved 6 September 2017.
Jump up ^ "UPC Chart (Excerpted from "Record of Passage of Uniform and Model Acts, as of September 30, 2010)" (PDF). Uniform Law Commission. Retrieved 6 September 2017.
Jump up ^ "Title XXI, Courts - Probate - Juvenile, Chapter 2015, Descent and Distribution". Ohio Revised Code. State of Ohio. Retrieved 6 September 2017.
Jump up ^ "RCW 11.04.015". Revised Code of Washington. Washington State Legislature. Retrieved 6 September 2017.
Jump up ^ "New York Code, Estates, Powers & Trusts, Sec. 4-1.1. Descent and distribution of a decedent's estate". The New York Senate. Retrieved 6 September 2017.
Jump up ^ Eager, Samuel Watkins (1926). Descent and distribution : intestate succession in the state of New York. Albany, NY: Matthew Bender & Co. Retrieved 6 September 2017.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Intestacy&oldid=852627058"
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