Spouse only
100% of the estate goes to the spouse
Issue Only
100% of the estate goes to the issue (see definition of issue)
Parent(s) Only
100% of the estate goes to the parents, in equal shares, if both parents survived before deceased
Spouse & Issue
Spouse is entitled to 1/3 of the estates
Issue entitled to 2/3 of the estates in equal shares
Spouse & Parent(s)
Spouse is entitled to 1/2 of the estates
Parent(s) entitled to 1/2 of the estates in equal shares, if both parent survived the deceased
Parent(s) and Issue
Parent(s) is entitled to 1/3 of the estates
Issue entitled to 2/3 of the estates in equal shares
Spouse, Parent(s) & Issue
-
Spouse is entitled to 1/4 of the estates
-
Issue entitled to 1/2 of the estates in equal shares
-
Parent(s) is entitled to 1/4 of the estates
Distribution of Estate
for Intestate
If one dies without leaving a Will
It is not strange to know that many people have not got a will or a valid will. If one dies without a Will, then he/she is said to have died intestate. The deceased would, unfortunately, had lost his/her rights to distribute the estates according to his/her wishes because the Distribution of Estate Act 1958 applies. If a person dies leaving a Will to dispose of his property but part of his property is not disposed under the Will, then such property not disposed of shall be distributed in the manner provided by the said Act.
Section 6 of the said Act provides that if a person dies intestate his/her estate shall be distributed in accordance with who is left behind by the deceased (known as the surviving family members) as follow:-
Does the distribution of the estate goes to grandchildren?
The word 'issue' includes children and the descendants of the deceased children, therefore distribution of the estate would go to deceased grandchildren if deceased children died before deceased, as illustrated in the following chart:-
Explanation of the Above Distribution
Deceased died intestate, leaving no spouse and no parents. He has 3 children but his first child predeceased him, leaving 2 children, whom is also deceased's grandchildren. Deceased estate shall be distributed in 4 equal shares (as there are 4 issues) as follow:-
Second Child - 1/4
Third Child - 1/4
The share of the Eldest Child, who had predeceased the Deceased , will go to the Grandchild (also the children of the Eldest Child. Hence the Grandchild will each receive 1/4 of the estate.
It is important to note that the children of the Second Child & Third Child of Deceased are not entitled to Deceased's estate as they do not fall within the ambit of Issue (descendants of the deceased children)
What if one dies leaving behind no spouse, no issue and no parents?
If a person dies without leaving a spouse, issue or parents, then the following person/body shall be able to claim deceased estate:-
Brothers and sisters - Equal Shares
Grandparent(s) - Equal Shares
Uncles & Aunts - Equal Shares
Great Grandparent(s) - Equal Shares
Great Uncles & Aunts - Equal Shares
Governement - Whole Estate