From Planipedia
Intestate is the process whereby someones estate is distributed by specific rules when that person has no Will specifying their specific desire for distribution of the estate. Rules will vary by country.
Country Specific
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 Canada English |
In Canada each provice can have its own rules for Intestacy.
Intestate Rules in Ontario
| Situation
| Distribution
|
| Spouse and no issue
| Spouse receives 100%
|
| Spouse and issue – Estate worth less than $200,000
| Spouse receives 100%
|
| Spouse and issue – Estate worth more than $200,000
| First $200,000.00 is inherited by the spouse. The balance of the estate is divided differently depending on how many children of the deceased were conceived before and born alive after the parent’s death
|
| Spouse & 1 Child
| Spouse is entitled to one-half of the residue of the property after payment of the $200,000.00 to the Spouse
|
| Spouse & more than 1 Child
| Spouse is entitled to 1/3 of the residue of the property after payment of the $200,000.00 and the children divide the 2/3 balance.
|
| No spouse and no issue
| Parents inherit.
|
| No spouse- no issue – no Parents
| Brothers and sisters inherit.
|
| No spouse- no issue – no Parents – no Brothers and sisters
| Nephews and nieces inherit.
|
| No spouse- no issue – no Parents – no Brothers and sisters - no Nephews and nieces
| Next of kin of equal degree of consanguinity inherit. The Act states that “degrees of kindred shall be computed by counting upward from the deceased to the nearest common ancestor and then downward to the relative”.
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|
 United States of America |
| {{{United States Workbook Template}}}
|
 Argentina |
| {{{Argentina Workbook Template}}}
|
 Brazil |
| {{{Brazil Workbook Template}}}
|
 United Kingdom |
| {{{United Kingdom Workbook Template}}}
|
 Russia |
| {{{Russia Workbook Template}}}
|
 China |
| {{{China Workbook Template}}}
|
 Malaysia |
Useful information for Malaysia can be found at www.lawyerment.com.my
Intestacy Rules for West Malaysia and Sarawak
| Survivors
| Distribution
|
| Spouse only (no parents or issue)
| Spouse - whole estate
|
| Issue only (no parents)
| Issue - whole estate
|
| Parents only (no spouse or issue)
| Parents - whole estate
|
| Spouse & Parents (no issue)
| Spouse - 1/2
Parents - 1/2
|
| Spouse and issue (no parents)
| Spouse - 1/3
Issue - 2/3
|
| Issue and Parents (no spouse)
| Issue - 2/3
Parents - 1/3
|
| Spouse, issue and parents
| Spouse - 1/4
Issue - 1/2
Parents - 1/4
|
| No spouse, issue and parents
| According to priority
- ) Brothers and sisters In equal shares
- ) Grandparents In equal shares
- ) Uncles and aunts In equal shares
- ) Great grandparents In equal shares
- ) Great granduncles and grandaunts In equal shares
- ) Government Entitle to the whole estate
|
Intestacy Rules for Sabah
| Survivors
| Distribution
|
| Spouse only (no parents or issue)
| Spouse - whole estate
|
| Issue only (no parents)
| Issue - whole estate
|
| Parents only (no spouse or issue)
| Parents - whole estate
|
| Spouse and issue
| Spouse - - 1/3
Issue - 2/3 (subject to the rights of the surviving spouse)
|
| Spouse and parents (no issue and descendants)
| Spouse - all personal chattels and 1/2 share of estate
Parents - remainder 1/2 share of the estate in equal shares (subject to the rights of the spouse)
|
| Brothers and sisters (no spouse, descendants or parents)
| Brothers and sisters - whole estate in equal shares
|
| Grandparents(no spouse, descendants, parents, brothers or sisters)
| Grandparents - whole estate in equal shares
|
| Uncles and aunts (no spouse, descendants, parents, brothers, sisters, issue or grandparents)
| Uncles and aunts - whole estate in equal shares.
|
| Next-of-kin (all other cases)
| According to Intestate Succession Ordinance 1960 Schedule - Table of Consanguinity Sabah. All next-of-kin - in equal share
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| Default of distribution under the Rules Government of Borneo - whole estate
|
|
 Singapore |
| {{{Singapore Workbook Template}}}
|
 Hong Kong |
| {{{Hong Kong Workbook Template}}}
|
 India |
| {{{India Workbook Template}}}
|
Jamaica 
Trinidad and Tobago 
Barbados 
Bermuda 
Bahamas 
Puerto Rico 