What happens if I die without leaving a Will (or a valid Will)?

In the event you die without leaving a Will (or a valid Will), you will be deemed to have died “intestate”.

This means that your estate will be distributed pursuant to the rules set out in Part 3A of the Administration and Probate Act 1919.

The rules relating to the distribution of an intestate estate are as follows:

1. Where the deceased is survived by a spouse or domestic partner but no children– The whole of the estate, including personal belongings, goes to the spouse or domestic partner. See Part 3 of the Family Relationships Act 1975 for the definition of a domestic partner. Where the deceased leaves both a spouse and a domestic partner each is entitled to an equal share of the estate.
   
   
2. Where the deceased is survived by a spouse or domestic partner and by children- The spouse or domestic partner is entitled to the whole of the estate if the value of the estate does not exceed the sum of $100,000; If the value of the estate exceeds the sum of $100,000, the spouse or domestic partner would receive the sum of $100,000 and one half of the balance of the value of the estate and the personal belongings of the deceased. The children of the deceased would be entitled to the balance of the estate in equal shares.Where a child of the deceased has died leaving children (the deceased’s grandchildren) they will receive an equal share of their parent’s share of the estate.
3. Where the deceased is not survived by a spouse or domestic partner, but is survived by children- The children are entitled to the whole of the estate equally.Where a child of the deceased has died leaving children (the deceased’s grandchildren) they will receive an equal share of their parent’s share of the estate.
4. Where the deceased is not survived by a spouse or domestic partner or by any children but is survived by a relative, relatives, or children of a relative or relatives- The relative, relatives or children of a relative or relatives are entitled to the whole of the estate equally.
5. Where the deceased is not survived by any person entitled to the intestate estate- The estate shall vest in the Government.

 

See Part 3A Sections 72H, 72I and 72J of the Administration & Probate Act 1919 for further and more detailed particulars surrounding the rules governing the distribution of an intestate estate as set out above.

Preparing a valid Will is the only way to ensure that your estate is distributed in accordance with your wishes. Please contact us if we can assist you in this area. For further information, including costs, click on the Wills tab under the Areas of Practice heading on our website.