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Intestacy

Definition - What does Intestacy mean?

Intestacy refers to when a person dies without having a will. The person would be termed "intestate" and the rules of intestacy would apply.

Even if a person dies and has actually drawn up a will during their lifetime, there can be various reasons why they would be considered to have died without one. Examples include if the will was not dated or not written properly; if the will was not witnessed by another person when it was created; if the will held the beneficiaries' interests as grossly unfair (such as leaving everything to one of four children) and to the detriment of one party; or if no one can find the will.

Justipedia explains Intestacy

There is a complex yet clear hierarchical procedure that determines what should be done and who should benefit in such a case. The first major determination is regarding who will be appointed as executor. The court may or may not observe the interactions of the executor, depending on the individual facts in a case.

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