What is inheritance according to the law when there is no will?

Inheritance according to the law when a person passes away without leaving a will is known as intestate succession. Intestate succession is a legal framework that dictates how a deceased person's assets and property will be distributed among their heirs when there is no valid will in place or when the will does not cover all of the assets or beneficiaries. Here is how inheritance without a will typically works according to the law:

1. Legal Heirs:

Intestate succession laws prioritize the distribution of assets to legal heirs, which typically include:

Surviving spouse or domestic partner
Children (biological, adopted, or sometimes stepchildren)
Parents
Siblings
Other close relatives, depending on the jurisdiction

2. Spouse's Share:

In many jurisdictions, the surviving spouse or domestic partner is entitled to a significant portion of the deceased person's estate, even if there are children or other heirs. The exact share varies by jurisdiction.

3. Children's Share:

If there is no surviving spouse, or if the spouse's share is limited, the assets may be divided among the deceased person's children, with the share of each child typically equal. Some jurisdictions use a per stirpes distribution, which means that if a child has predeceased the decedent, their share goes to their descendants (usually grandchildren).

4. Parents and Siblings:

If there are no surviving children, the estate may go to the deceased person's parents or siblings, depending on the specific laws of intestacy.

5. No Known Heirs:

If there are no known legal heirs, the estate may escheat to the state, meaning that the government takes possession of the assets.

6. When using ACC Law Firm's testament, entrepreneurs will receive

7. Q&a

Q1: What is inheritance according to the law when there is no will?

A1: Inheritance according to the law when there is no will, also known as intestate succession, is the legal process that determines how a deceased person's assets and property are distributed when they pass away without a valid will. The distribution is based on the default laws and rules of inheritance in the jurisdiction where the deceased person resided.

Q2: How are assets distributed in the absence of a will under intestate succession?

A2: The distribution of assets in the absence of a will through intestate succession typically follows a predetermined hierarchy of legal heirs, such as spouses, children, parents, or siblings, depending on the jurisdiction. The specific rules and the order of priority can vary by region, but these laws aim to ensure that the deceased person's property is distributed to close relatives.

Q3: Can individuals influence the distribution of their assets if there is no will?

A3: Individuals cannot influence the distribution of their assets if there is no will under intestate succession. The distribution is solely determined by the default laws of the jurisdiction, and there is no opportunity for individuals to customize or specify their preferences. To have control over how assets are distributed, individuals should create a valid will.

Q4: What happens if there are no close relatives or legal heirs in a case of intestate succession?

A4: If there are no close relatives or legal heirs, the assets may escheat, meaning they revert to the state or government. However, this outcome is relatively rare, as most jurisdictions have provisions to ensure that property ultimately passes to some form of legal heirs, even if they are distant relatives.