Dying without a Will

Where a loved one dies without a Will, the normal administration of their estate is hindered in two ways; the lack of Executor to administer the estate and the lack of beneficiaries to inherit the estate.

Lack of Executor

Where a deceased has not appointed an Executor by Will, the deceased’s family will have to apply to the court to have an Executor setup. In this case, anyone who is directly entitled to share in the estate may be appointed. In cases of competitive applications, legislation determines a preferred order of applicants.

Lack of Beneficiaries

Where there is no Will in place, the distribution of the estate is determined by legislation, providing a ranking order for the immediate family of the deceased. Further information on this is provided here.

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