How Assets Are Distributed When Someone Dies Without a Valid Will (Intestate)

If someone dies intestate (without leaving a valid will), the courts determine the estate’s distribution. Part 3 of the Wills, Estates and Succession Act (WESA) outlines what exactly is to be done when someone dies intestate. While the distribution of the estate can be straightforward in some cases, it can be unclear or complicated in others. In this blog, we’ll highlight some of the most common family situations and how intestacy laws, as described in WESA, will operate to distribute the estate.

Intestate With a Surviving Spouse and No Children

The entirety of the estate will be distributed to the spouse.

Intestate With a Surviving Spouse and Children (with the Spouse)

The spouse receives all the household furnishings, which are the personal property usually associated with the enjoyment of the spousal home. The spouse will also receive a preferential share in the intestate estate of the first $300,000. If the intestate estate is valued less than $300,000, the spouse will receive the entirety of the intestate estate – the children will not receive anything. If the estate’s value exceeds $300,000, the spouse also receives half of the excess value, and the children equally split the other half.

For example, if the intestate estate is valued at $1,300,000, the spouse would receive the household furnishings, the $300,000 preferential share and another $500,000 as half of the remainder of $1,000,000. In total, the spouse receives $800,000. The children would equally split the other $500,000.

Intestate With a Surviving Spouse and Children (with a Different Person)

In this scenario, the distribution is the same as above except the intestate estate preferential share is only $150,000. Looking at the same example, the spouse would receive the household furnishings, the $150,000 preferential share and $575,000 as half of the remainder of $1,150,000. In total, the spouse receives $725,000. The children would equally split the other $575,000. In this case, the children receive more of the intestate estate while the spouse receives less.

If There is No Spouse, and Surviving Children

The children equally split the entirety of the estate.

If There is No Spouse or Children

The testator’s parents receive the entirety of the estate. If both parents have died, the estate goes to the parent’s children (the testator’s brothers or sisters). When no siblings or parents are alive, the grandparents receive the estate. If there are no living grandparents, the grandparent’s descendants receive the estate. Further, it can be distributed to great-grandparents and their descendants. If there are no identifiable relatives to inherit, the government will receive the estate assets.

If there are multiple people of the same level of priority, the estate will be equally distributed to them. For example, if someone dies intestate without any parents, but has two surviving brothers and one surviving sister, each sibling will receive a 1/3 share of the estate.

While the procedures the courts will go through in determining how to distribute an intestate estate can be clear in specific circumstances, it’s always best to write a valid will. If you need help drafting your will, contact an experienced estate lawyer today. We can ensure that your estate is distributed exactly as you want upon your passing.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.