When a deceased person has a valid Will, their estate is distributed according to their Will, after all debts of the estate have been dealt with and the waiting period for claims against the estate has passed. When there is no Will, The Intestate Succession Act, 2019 sets out how the estate will be distributed.
The Executor or Administrator can distribute the estate:
If there are specific gifts these are distributed first. The rest of the estate is then divided according to the Will.
When someone dies without a Will, they are said to have died intestate and their property is distributed according to the rules set out in The Intestate Succession Act, 2019.
This law does not take into account the wishes of the deceased or their family. An Administrator must distribute the net value of the estate in accordance with the Act. The net value of the estate is the value of the estate after payment of taxes, debts, funeral expenses and so on.
Once all debts and liabilities are dealt with, the estate is then distributed according to the following rules.
The entire estate goes to the spouse if...
The entire estate also goes to the spouse if the value of the estate is not more than $200,000 and there is a spouse and children who were not children of the intestate and the spouse.
If the value of the estate is more than $200,000 and there is a spouse and children who were not children of the intestate and the spouse, the spouse inherits the first $200,000 or 50% of the estate, whichever is greater. The rest of the estate will be shared as follows...
A spouse includes a legally married spouse and an individual who has lived with the intestate for at least 24 months as a spouse. It is important to note that a spouse is not entitled to any of the estate if...
If an intestate dies without a spouse or any children or grandchildren, the estate will go first to...
Descendants of the intestate take their share of the estate "per stirpes". The easiest way to explain this legal concept is to look at an example.
Harry had no Will when he died. He had two children, John and Mary. John and Mary would take their share of the estate in equal portions. If, however, either of them died before their father, their share would be divided equally between their children. If any of those children had died, their share would be divided between their children and so forth.
PLEA can provide you with information to help you understand many legal matters you, a family member or friend may be facing.