If you die without a will in place the ‘rules of intestacy’ will apply. This will mean that your estate will be distributed according to provisions of the Distribution Act 1958 (as amended in 1997). This may mean that your assets end up passing not in accordance to your preference.
Under the Distribution Act 1958 (as amended in 1997), the distribution among the spouse, parents and issue of the deceased is as below:-
If there are surviving spouse, parents and issue, the distribution is:-
- Spouse 1/4,
- Parents 1/4 and
- Issue in equal shares of the remaining 1/2.
If there are surviving spouse and parents only and no issue, the distribution is:-
- Spouse 1/2 and
- Parents remaining 1/2.
If there are surviving spouse and issue only and no parent, the distribution is:-
- Spouse 1/3 and
- Issue in equal shares of the remaining 2/3.
If there are surviving parents and issue only and no spouse, the distribution is:-
- Parents 1/3 and
- Issue in equal shares of the remaining 2/3.
Please note:- Issue: Includes children and the descendant of children.