Justice Chambers

INTESTACY Intestacy simply means a situation whereby a person dies without making a will to share his property and estate. It refers to the condition of an estate of a person who dies without a will, and owns property that is worth more than their outstanding debts. A person who dies without leaving a will is called an intestate person. A will is a legal document voluntarily made, executed and witnessed according to law by a testator with sound disposing mind. Consequently, a person cannot claim any benefit under a will until the maker of the will dies.  When a person who was married with children dies intestate (without a will) then difficult questions such as who the beneficiaries entitled to the deceased’s property are. This often leads members of the family to engage in bitter dispute which may result in litigation.   Section 49 of the Administration of Estates Law deals with succession to real and personal estate on intestacy. The above narrative is but ...