THE DISTRIBUTION ACT 1958 (AS AMENDED IN 1997)

When a person pass away without a Will, after all the debts are paid the administrator must distribute the remainder of his estate according to the section 6 of the Distribution Act 1958 (As amended in 1997) to lawful beneficiaries.

Section 6 of the Distribution Act 1958 (As amended in 1997) provides the following:

1. Spouse only alive (without parents or issue) – whole estate to surviving spouse

2. Issue only alive (without spouse or parents) – whole estate to issue equally

3. Parents only alive (without spouse or issue) – whole estate to parents

4. Spouse and issue alive (without parents) – spouse – 1/3 & issue – 2/3

5. Spouse, issue and parents alive – spouse – 1/4, issue – 1/2 & parents – 1/4

6. Spouse and parents alive (without issue) – spouse – 1/2 & parents – 1/2

7. Issue and parents alive (without spouse) – issue – 2/3 & parents – 1/3

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The effect of Distribution Act 1958

The following person(s) are entitled in accordance to priority when an intestate dies without leaving a surviving spouse, child or parent:

 brothers & sisters

 grandparents

 uncles & aunts

 great grandparents

 great uncles & aunts

 government

Note:

Issue: includes children and descendants of children.

Parent: Natural mother or farther of a child or the lawful mother and father of a child under the Adoption Act 1952.