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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

References in periodicals archive ?

Waggoner's proposal accomplishes two things: it determines both who is a surviving committed partner and what the intestacy share of those individuals should be.(238) Waggoner suggests giving a surviving, committed partner a smaller share than what is given to a surviving spouse.(239) Thus, Waggoner's proposal avoids looking like a common-law marriage intestacy statute.(240) Waggoner recommends a smaller intestate portion :for surviving, committed partners "in recognition of the competing claims of the decedent's blood or adoptive relatives, and to some extent to maintain the incentive to enter into formal marriage."(241)

Respecting commitment: a proposal to prevent legal barriers from obstructing the effectuation of intestate goals

First, drafted by the National Conference of Commissioners on Uniform State Laws, the Uniform Status of Children of Assisted Conception Act (USCACA) states that if an individual whose egg or sperm is harvested passes away before a child has been conceived by means other than sexual intercourse, then that individual is "not a parent of the resulting child." (60) This 1988 Act completely "eliminates the ability of all posthumously conceived children to be the legal child of a deceased parent" and thus denies any inheritance via intestate succession.

And baby makes two: posthumously conceived children and the eighth circuit's denial of survivors benefits

In Africa and indeed over the world, when a person dies intestate (without a valid Will), the immediate family members especially children and spouse are put under pressure by the extended members of the family who equally feel they deserve some share of the assets of the deceased.'

Put Your House In Order, Write A Will

'What is meant by the law when it speaks of brothers and sisters, nephews and nieces, as legal or intestate heirs of an illegitimate child?

The rich illegitimate brother

"The Petition included a prayer for relief that consisted of eleven requests, all but one of which sought affirmative relief, in a case not before the court, that amounted to a relitigation of the just concluded case, with the underlying goal of setting aside the original will that the circuit court admitted to probate and reinstituting intestate distribution of the estate.

Sanction modified in probate order case

Seeboe says he is the administrator of the Intestate Estate of the late Wiahs Jah.

Lawyer wants colleague arrested

died intestate, survived by his spouse, Maggie Erwin, six children from his first marriage, and four children from his marriage to Maggie.

When is a spouse 'willfully absent'?

The procedure will depend on whether the decedent left a will (testate) or did not (intestate).

Death and taxes

CAROL JONES: It gives you peace of mind knowing that your estate will be distributed the way you wish, in contrast to the possible distress suffered by your family should you die intestate.

ON THE GRAPEVINE: We asked at Swayne Johnson: How important is it to make a will?

The building provides access to Intestate 80 as well as Routes 17, 46 and 4.

NAI James E, Hanson

The authors cover the sources of the law, terminology and other abbreviations used, probate and options for avoiding it, intestate succession, the requirements for a valid will, and a wide variety of other related subjects.

Mastering Trusts and Estates

DUBAI: Incorrectly drawn up wills are often found to be invalid and ineffective in the UAE and can lead to an estate being treated as if the person died intestate, i.e.