Intestate Succession


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Intestate Succession

The inheritance of an ancestor's property according to the laws of Descent and Distribution that are applied when the deceased has not executed a valid will.

intestate succession

n. the distribution when a person dies without leaving a valid will and the spouse and heirs will take (receive the possessions) by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Collectively these are called the laws of intestate succession. (See: intestacy, intestate)

References in periodicals archive ?
The Supreme Court of Missouri stated that under Missouri probate law, adoption severs all legal ties between the parent and biological child, eliminating all intestate succession rights.
He (she) stands separately and is not included in the major four classes of heirs nominated during the intestate succession.
39) The Appellant took the case on appeal on the basis that the exclusion of spouses in polygynous Muslim Marriage from the Intestate succession violated section 9(3) of the Constitution and therefore constitutes unfair discrimination.
Public Attitudes About Property Distribution at Death and Intestate Succession Laws in the United States, 1978 AM.
138) Given the high rate of fractionation, especially in the Great Plains and Midwest, (139) coupled with AIPRA's Single Heir Rule, many sons and daughters may receive nothing through intestate succession, even if their parents held a profitable array of trust holdings.
If a beneficiary is not named, the property will generally pass to the owner's estate and be disposed of in the owner's will or by intestate succession.
The rules under intestate succession acts are inflexible, and the dispositions of your assets may not be as you intended.
74) In Iberian as well as Islamic societies, with their strong tribal or clan-based traditions, intestate succession laws were firmly entrenched--in contrast to the absolute testamentary freedom that Roman law conferred to possessors of patriae potestatis.
The intestate succession statutes, which set forth who will receive property, generally protect immediate family members.
Bill 29, Intestate Succession Amendment Act, 2002, introduced by Minister of Justice David Hancock, provides for the right of an "adult interdependent partner", defined as "a person in a common law or same sex relationship of at least three years or where there is a child of the relationship", to share in the estate of that person's partner should the partner die without a will.
22) In addition, as more and more couples choose alternative family arrangements, current intestate succession laws adequately protect an increasingly smaller portion of society.