An Executor shall distribute the assets according to the Will.
An Administrator will do so under the rules for distribution under section 7 of the Intestate Succession Act.
Rule 1
If an intestate dies leaving a surviving spouse, no issue* and no parent, the spouse shall be entitled to the whole of the estate. (*Issue refers to children or descendants of the deceased children.)
Rule 2
If an intestate dies leaving a surviving spouse and issue*, the spouse shall be entitled to one-half of the estate.
Rule 3
Subject to the rights of the surviving spouse, the estate (both as to the undistributed portion and the reversionary interest) of an intestate who leaves issue shall be distributed by equal portions per stirpes to and amongst the children of the person dying intestate and such persons as legally represent those children, in case any of those children be then dead.
• Condition 1 — The persons who legally represent the children of an intestate are their descendants and not their next of kin.
• Condition 2 — Descendants of the intestate to the remotest degree stand in the place of their parent or other ancestor, and take according to their stocks the share which he or she would have taken.
Rule 4
If an intestate dies leaving a surviving spouse and no issue but a parent or parents, the spouse shall be entitled to one-half of the estate and the parent or parents to the other half of the estate.
Rule 5
If there are no descendants, the parent or parents of the intestate shall take the estate, in equal portions if there be 2 parents, subject to the rights of the surviving spouse (if any) as provided in rule 4.
Rule 6
If there are no surviving spouse, descendants or parents, the brothers and sisters and children of deceased brothers or sisters of the intestate shall share the estate in equal portions between the brothers and sisters and the children of any deceased brother or sister shall take according to their stocks the share which the deceased brother or sister would have taken.
Rule 7
If there are no surviving spouse, descendants, parents, brothers and sisters or children of such brothers and sisters but grandparents of the intestate, the grandparents shall take the whole of the estate in equal portions.
Rule 8
If there are no surviving spouse, descendants, parents, brothers and sisters or their children or grandparents but uncles and aunts of the intestate, the uncles and aunts shall take the whole of the estate in equal portions.
Rule 9
In default of distribution under rules 1 to 8, the Government shall be entitled to the whole of the estate.
For assistance on probate matters, please contact us to make an appointment.
Related Probate Reading:
- How to Start the Grant of Probate Process
- Truths and Myths about Grant of Probate/ Grant of Letters of Administration
- Why is a Grant of Probate Needed?
- Resealing of Foreign Grant of Probate/ Letters of Administration
- Do I Need to Pay Estate Duty?
- Time Period for Obtaining a Grant of Probate / Grant Letters Of Administration
- The Difference Between Grant of Probate and Letters Of Administration
- Dispensation of Sureties
- What are the Roles and Duties of an Executor or Administrator?
