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Intestate succession

Posted by: Ibay | Posted on: September 26th, 2016 | 0 Comments

Intestate succession

This article will explain briefly what will happen when someone passes away without having a will or where the will is not valid nor is there any other valid document that indicates how the assets should be disposed of or distributed. There are certain rules set out in the Intestate Succession Act that identifies who the beneficiaries are entitled to succeed to the deceased’s estate.

Before we will explain how the distribution will take place, there are a couple of other things you need to consider regarding the deceased estate:

  1. Where a person is married in community of property, the distribution referred to under the rules to be explained below will only apply to that person’s half of the joint estate.
  2. Where a person is married out of community of property, but with the accrual system, the rules will apply to the deceased separate estate. The application of the accrual claim will however need to be applied first.
  3. Where a person is married out of community of property with no accrual system, the rules will be applied to the deceased separate estate.

 

The rules of succession are as follows:

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