Intestate
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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.