Probate

How Can an Executor/Administrator Distribute an Estate to Beneficiaries?

By April 18, 2016 No Comments

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.

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Fung Peen Lim

Author Fung Peen Lim

Fung peen is a 20 year veteran of the legal industry. A peace-maker at heart, Fung Peen proficiency in litigation makes him a valuable ally and counsel in helping his clients find amicable legal solutions, in estate planning, debt recovery, disputes, divorce. One wise saying he believes in is “A Will is a great way to love your family with the last thing they read from you”.

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