When a relation dies without a will

Where a person dies without having left a valid will there shall be an intestacy in respect of the property to which the person was entitled at the date of death. In general terms, the person is said to have died intestacy. Further, where the deceased person left a will which does not dispose of all property there shall be an intestacy in respect of the property which is not disposed of by will. In such circumstance, the Deceased Estates, (Wills, Inheritance and Protection) Act provides guidance.

The persons entitled to inherit the intestate property shall be the members of the immediate family and dependants of the intestate and their shares are determined according to principles of fair distribution being; protection shall be provided for members of the immediate family and dependants from hardship so far as the property available for distribution can provide such protection; every spouse of the intestate shall be entitled to retain all the household belongings of their household; for any remaining property the same ought to be divided between the surviving spouse or spouses and the children of the intestate.

As between the surviving spouse or spouses and the children of the intestate their shares shall be determined in accordance with all the special circumstances including- ?any wishes expressed by the intestate in the presence of reliable witnesses;? assistance of education or basic necessities any of the spouses or children received from the intestate during their lifetime; and any contribution made by the spouse or child of the intestate to the value of any business or other property forming part of the estate of the intestate. In this regard the surviving spouse shall be considered to have contributed to the business unless proof to the contrary is shown by or on behalf of the child, but in the absence of special circumstances the spouses and children shall, subject to the law, be entitled to equal shares.

Additionally, as among the children of the intestate, the age of each child shall be taken into account with the younger child being entitled to a greater share of the property than the older child unless the interests of the children require otherwise; and in the absence of any spouse or child of the intestate the property shall be distributed between the dependants of the intestate, if more than one, in equal shares.

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?Where the intestate left more than one female spouse surviving him each living in a different locality, each spouse and her children by the intestate shall be entitled to a share of the property of the intestate in their locality in accordance with the law; but they shall have no claim to any share of the property of the intestate in the locality where another spouse lives; however this is not applicable to the property of the intestate of a value exceeding a small estate or institutional money or private land. On the other hand, if the intestate left more than one female spouse all living in the same locality, each spouse and her children by the intestate shall be entitled to a share of the property proportionate to their contribution. Notably re-marriage shall not deprive a surviving spouse of property inherited under intestacy except property on customary land where title in that property shall devolve to the children of the spouse by the intestate upon the re-marriage of the surviving spouse.

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In the absence of the beneficiaries to the estate of an intestate the whole of such property comprising the estate shall be distributed as follows –? the surviving grandchildren of the intestate shall ?be entitled in equal shares; if there are no surviving grandchildren, the surviving whole blood brothers and sisters of the intestate shall be entitled in equal shares and failing any surviving brothers and sisters of the whole blood of the intestate, the surviving half blood brothers and sisters of the intestate shall, be entitled in equal shares;

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Where grandchildren and siblings do not survive the intestate, the surviving grandparents of the intestate shall be entitled in equal shares. Where those stated in preceding statements do not survive the intestate, the uncles, aunts, nephews and nieces of the intestate shall be entitled in equal shares. If there are no surviving extended family, other relatives who are in the nearest degree of consanguinity shall be entitled in equal shares. Where no relation survives the intestate then the Government shall be entitled to take title in the property comprising the estate. ?