Without A Will?
What would happen if I passed away without a Will?
When a person dies without making a Will, it means you have died “intestate.” His property is then known as his estate, and his children, his “issue”.
- Your assets will be distributed according to the formulas set out in the Distribution Act 1958, and not according to your wishes or the needs of your family members;
- The distribution process will take longer and cost more, as it requires a bond and the appointment of 2 sureties to guarantee the proper administration of the estate, as well as further court orders to effect the transfer of real property.
- The court may appoint a guardian for your minor children, and the person appointed may not be your preference.
Distribution Act 1958 Table
|Intestate with Surviving||Entitlement|
|Spouse only - no Parent(s), no Issue(s)||Spouse only - whole estate|
|Parent(s) + Spouse, no Issue(s)||Parent(s) : 1/2|
|Spouse : 1/2|
|Issue(s) only - no Spouse, no Parent(s)||Issue(s) only - whole estate|
|Parent(s) only - no Spouse, no Issue(s)||Parent(s) only - whole estate|
|Spouse + Issue(s), no Parent(s)||Spouse : 1/3|
|Issue(s) : 2/3|
|Parent(s) + Issue(s), no Spouse||Parent(s) : 1/3|
|Issue(s) : 2/3|
|Parent(s) + Spouse + Issue(s)||Parent(s) : 1/4|
|Spouse : 1/4|
|Issue(s) : 1/2|
|If no Parent(s), Spouse, or Issue(s)||Brothers and Sisters in equal shares|
|Grandparents in equal shares|
|Uncles and Aunts in equal shares|
|Great Grandparents in equal shares|
|Great grand uncles and aunts in equal shares|
|*In descending order of priority|
How would my property be distributed if I passed away without a Will?
As mentioned above, It will be distributed among his surviving family members according to the Distribution Act.
What to do when a loved one dies without a Will?
You need to apply Letter of Administration. Click Here for more information.