©2019 by Shang & Co.

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 1/2 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:-

deceased distribution for intestate.png

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

If you would like to write a will, speak to us so that we can guide you through the process to build a strong Will that has taken into all vital considerations so that your loved ones are properly cared after you are gone.

Get in Touch

If you want your estate to be distributed in accordance to your wishes, meet up with us and we shall guide you through the process.

03-2726 9601