Distribution of Estate when someone died intestate
There is always a common question asked by people when their loved ones passed away without leaving a will (died intestate) due to unforeseen circumstances, i.e. how is the estate of the deceased person distributed.
People always have a misconception that when a person dies without making a will, all his property will go to the government.
In fact, it does not.
Normally, the estate will be distributed among the deceased’s parents, spouse and issue. Issue includes children and the descendants of deceased children.
In the situation where an intestate dies leaving no spouse, issue, parent or parents, his estate shall be held on trusts for the following persons in the following order:
(a) his brothers and sisters
(b) his grandparents
(c) his uncles and aunts
(d) his great grandparents
(e) his great grand uncles and great grand aunts
(j) Government
The Distribution Act 1958 is only applicable to Non-Muslims.
The estate of an intestate can be distributed not in accordance with the Distribution Act 1958 only if all the rightful beneficiaries are in consensus for the estate to be distributed differently.
In a conclusion, it is advisable to make a will to prevent any unnecessary complexity and dispute in the distributions of assets.
