Define: Ab Intestato

“Ab intestato” is a Latin term that refers to the legal process of distributing a person’s assets when they die without leaving a valid will.

In an ab intestato succession, the deceased person’s assets are typically distributed among their closest relatives, such as their spouse, children, parents, and siblings, depending on the specific laws of the jurisdiction.

In general, close relatives are entitled to inherit in an ab intestato succession, but there may be circumstances where a person can be excluded, such as if they were legally disinherited by the deceased or if they were convicted of a serious crime against the deceased.

The distribution of assets in an ab intestato succession is usually determined by the laws of the jurisdiction where the deceased person was domiciled at the time of their death. These laws typically provide a specific order of priority for distributing the assets among the eligible relatives.

Yes, the distribution of assets in an ab intestato succession can be challenged if there are valid grounds, such as if there is evidence of fraud, undue influence, or if the deceased person’s wishes were not properly considered.

If there are no eligible relatives to inherit in an ab intestato succession, the assets may escheat to the state or government, depending on the laws of the jurisdiction.

In certain circumstances, a court may have the authority to modify the distribution of assets in an ab intestato succession if there are compelling reasons to do so, such as to provide for the needs of a dependent or disabled family member.

Yes, a person can make a valid will to override the ab intestato succession laws and specify how they want their assets to be distributed after their death.

If there is a dispute among eligible relatives regarding the distribution of assets in an ab intestato succession, it may be necessary to resolve the matter through legal proceedings, such as probate court or mediation.

Having a valid will is generally advisable to ensure that your assets are distributed according to your wishes after your death. It allows you to have control over the distribution and can help avoid potential disputes among family members.