Intestate


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Related to Intestate: Intestate succession

Intestate

The description of a person who dies without making a valid will or the reference made to this condition.

intestate

adj. referring to a situation where a person dies without leaving a valid will. This usually is voiced as "he died intestate," "intestate estate," or "intestate succession." (See: intestacy, intestate succession)

INTESTATE. One who, having lawful power to make a will, has made none, or one which is defective in form. In that case, he is said to die intestate, and his estate descends to his heir at law. See Testate.
     2. This term comes from the Latin intestatus. Formerly, it was used in France indiscriminately with de confess; that is, without confession. It was regarded as a crime, on account of the omission of the deceased person to give something to the church, and was punished by privation of burial in consecrated ground. This omission, according to Fournel, Hist. des Avocats, vol. 1, p. 116, could be repaired by making an ampliative testament in the name of the deceased. See Vely, tom. 6, page 145; Henrion De Pansey, Authorite Judiciare, 129 and note. Also, 3 Mod. Rep. 59, 60, for the Law of Intestacy in England.

References in periodicals archive ?
The spouse receives the entire intestate estate if there are no descendants of the decedent, and the spouse has no other descendants, or if all of the decedent's descendants are also descendants of the surviving spouse, and the surviving spouse had no other descendants.
010(2), which provides that a decedent's intestate estate will be distributed to the decedent's descendants only if the decedent's child predeceases (12) his descendants.
Tested on the last parameter, sections of Indian Succession Act are archaic in nature and foster an approach that solidify distinctions based on gender and thus prejudicial and unfair to status of women and Christian mother of deceased intestate in present context.
If someone dies intestate with children, the new rules mean that the personal belongings and the first PS250,000 of the estate is passed automatically to their surviving spouse or civil partner.
Ordinary house furnishing and household equipment shall be devolved to the intestate heirs irrespective of their degree of descent and the share of inheritance if they resided together with the bequeather for a period of at least one year before his death" (The Civil Code of the Republic of Lithuania, 2011).
For women in particular, the impact of the judgment was that all deceased estates are to be governed, until further legislation, by the Intestate Succession Act 81 of 1987, (30) which is generally applicable and benefits all widows and children regardless of race, gender, and birth.
Under both the Uniform Probate Code's statutory rule and the Restatement's proposed judicial rule, disinherited heirs are treated as if they disclaimed their intestate shares; hence, they take nothing, apart from any capped bequest granted them under a limiting will.
Indigenous Affairs Minister Peter Collier today introduced legislation into State Parliament to provide parity for Aboriginal people who die without a valid will, by bringing them under the same scheme of distributing intestate estates as non-Aboriginal people.
In In Re Estate of Duval, the South Dakota Supreme Court reversed the circuit court and ruled that Karen Hargrave was not, as she believed, the common law wife of her deceased intestate male partner.
The priorities in the intestate cooperation related to expansion of bilateral ties in economic and commercial sectors, humanitarian and cultural spheres are on agenda of the talks.
never disclaimed whatever intestate interest he might have had in the property and therefore his disclaimer was not a qualified disclaimer under section 2518(a).
It says he has been traced because a man called Albert Mortimer had died intestate and that in the absence of a will, the banker could arrange for the dead man's assets of more than $15m to be made over to Mr Mortimer.