Tuesday, March 27, 2007

Dying without a Will (Part 1) - Intestate

Where a person dies without a will, he is said to have died intestate. All the assets will be disposed according to the Intestate Succession Act (Cap.146), regardless the deceased's intention.

The Distribution Process
* If Spouse lives, no Parents, no Issues

- Spouse take 100%
* If Spouse and Issues lives, "regardless Parents live or not"
- Spouse 50%; Issues 50% equally shared
* If Spouse and Parents lives, no Issues
- Spouse 50%; Parents 50% equally shared
* If Parents lives, no Spouse, no Issues
- Parents 100% equally shared
* If no Spouse, Parents and Issues
- Siblings 100% equally shared (If any sibling already die, children of that sibling share the portion)
* If no Spouse, Parents, Issues, Siblings
- Grandparents 100% equally shared
* If no Spouse, Parents, Issues, Siblings, Grandparents
- Uncles and Aunts 100% equally shared
* None of the above
- Government gets all

Spouse = Husband or Wife
Issues = Child (Legitimate or legally adopted), Grandchildren and so on. It does not include Step Children


Anonymous said...

How to write a will then?

Khiat Han Hwee Adrian said...

Watch out on my subsequent postings. I will write about it. Thanks for your comment.