Entitlement of Spouses: In the Schedule 1 IEA 1925, equality money is payable when the value of the property exceeds the sum due of inheritance. Which statement is true?

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Multiple Choice

Entitlement of Spouses: In the Schedule 1 IEA 1925, equality money is payable when the value of the property exceeds the sum due of inheritance. Which statement is true?

Explanation:
Equality money is a balancing payment to a surviving spouse aimed at fairer distribution when the estate has more value than the fixed inheritance amount that would be due to others. Under Schedule 1 IEA 1925, this payment only arises if there is a surplus—if the value of the property exceeds the sum due of inheritance. In that situation, there is capacity to top up the surviving spouse’s share to achieve equality. If there is no excess value (the estate value is not greater than the sum due), there’s nothing to pay as equality money. So the statement that equality money is payable only when value exceeds the sum due of inheritance is the correct one. It’s not an automatic payment in every case, nor does it depend on the beneficiary agreeing to forgo other rights.

Equality money is a balancing payment to a surviving spouse aimed at fairer distribution when the estate has more value than the fixed inheritance amount that would be due to others. Under Schedule 1 IEA 1925, this payment only arises if there is a surplus—if the value of the property exceeds the sum due of inheritance. In that situation, there is capacity to top up the surviving spouse’s share to achieve equality. If there is no excess value (the estate value is not greater than the sum due), there’s nothing to pay as equality money. So the statement that equality money is payable only when value exceeds the sum due of inheritance is the correct one. It’s not an automatic payment in every case, nor does it depend on the beneficiary agreeing to forgo other rights.

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