When a person dies having failed to make a will, he/she is said to have died intestate. This means that his estate will be distributed in accordance with the Succession Act, 1965, part VI. This sets out the rules for distribution on intestacy, the shares of surviving spouses and issue, the shares of parents, brothers, … Read more
The grant of administration with will annexed is one of many different grants of representation possible in administering the estates of deceased persons. This grant is required where The appointed executor renounces There is no executor appointed in the will The executor appointed does not renounce and refuses to apply for a grant of probate … Read more
There are different types of grants of representation possible, depending on the circumstances (eg testate/intestate) including Grant of probate Grant of administration intestate Grant of administration with will annexed De Bonis Non grants Limited grants Special grants. Extracting a grant of representation allows the administration of the estate of the deceased. Is it Necessary to … Read more
Unlike spouses, children are not entitled to any specific share in a deceased person’s estate. Testate Accordingly, in a testate situation, a child is only entitled to whatever the will of the deceased says. Intestate In an intestate situation a spouse is entitled to two thirds of the estate with the one third going to … Read more
The Succession Act, 1965 protects surviving spouses of deceased persons by affording considerable protection as the Act restricts the right of the testator to leave his/her property to whoever he/she wishes. Section 111 of the Succession Act, 1965 states: 111.—(1) If the testator leaves a spouse and no children, the spouse shall have a right to … Read more