Without A Will?

  1. 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 SurvivingEntitlement
 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 SpouseParent(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


    1. 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.


    1. What to do when a loved one dies without a Will?

      You need to apply Letter of Administration. Click Here for more information.


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