If the deceased die without a will, we shall apply to court for grant of letter of administration, to administer the estate of the deceased, and distribute the same according to the formulas set out in the Distribution Act 1958, and not according to the deceased wishes. The court will appoint a trustee, executor guardian (for the minor, if any), a dispute between the beneficiaries may arise.
The distribution process will take longer and cost more due to various applications to be filed in court.
A fixed formula for the distribution of the deceased’s asset is stipulated in Section 6 of the Distribution Act 1958: -
• Leaving a spouse, issue and parents: spouse ¼ issue ½ parents ¼
• Leaving a spouse and parents but no issue: spouse ½ parents ½
• Leaving a spouse and issue but no parents: spouse ⅓ issue ⅔
• Leaving issue and parents but no spouse: issue ⅔ parents ⅓
• Leaving no spouse, issue or parents, then the following persons are entitled in accordance of priority: brothers and sisters; grandparents; uncles and aunts; great grandparents; great uncles and aunts; government.
Areas of Practice
Estate