What happens to my estate if I do not have a will?
Who will inherit my assets under the Distribution Act 1958, If I die without a will?
Section 6 of the Distribution Act 1958 sets out various scenarios for intestacy (died without a will) and provides a fixed formula for the distribution of the person’s assets.
The following are some examples:
- Leaving a spouse, issue (lawful children) and parents:
- 25% (1/4) of the estate distributed to the surviving spouse;
- 50% (1/2) of the estate distributed to surviving children;
- 25% (1/4) of the estate distributed to the surviving parents
- Leaving a spouse and parents but no issue/children:
- 50% of the estate distributed to surviving spouse;
- 50% of the estate distributed to surviving parents.
- Leaving a spouse and issue/children but no parents:
- 33.33% (1/3) of the estate distributed to surviving spouse;
- 66.66% (2/3) of the estate distributed to the surviving children.
- Leaving issue and parents but no spouse:
- 66.6% (2/3) of the estate distributed to the surviving children;
- 33.3% (1/3) of the estate distributed to the surviving parents.
- Leaving no spouse, issue or parents, then the following persons are entitled in accordance of priority:
- The estate will be distributed to the surviving siblings equally;
- If there are no surviving siblings then the estate to be distributed to the surviving grand parents equally;
- If there are no surviving grand parents then the estate to be distributed to the surviving to uncles and aunts equally;
- If there are no surviving uncles and aunts the estate to be distributed to the surviving great grandparents equally;
- If there are no surviving great grand parents then the estate to be distributed to the surviving grand uncles and aunts;
- If there are no surviving grand uncles and aunts then the estate to be distributed to the government.