Define: Intestate Share

Intestate Share
Intestate Share
Quick Summary of Intestate Share

The intestate share refers to the portion of assets that would be inherited by the renouncer in the absence of a will. It is a legally determined amount of the total assets. Additionally, a share can represent ownership in a company and can be traded by investors as stocks.

Full Definition Of Intestate Share

The intestate share refers to the portion of assets that a person who rejects a will would receive from the estate of a deceased individual if no will exists to dictate the distribution of assets. In the event of dying without a will, the assets will be distributed based on the laws of intestacy. For instance, if a person dies without a will and has two children, the intestate share would be divided equally between the two children. This term holds significance in estate planning as it emphasizes the necessity of having a will. Without a will, the distribution of assets may not align with the deceased person’s desires, and the intestate share may not accurately reflect their true intentions.

Intestate Share FAQ'S

An intestate share refers to the portion of a deceased person’s estate that is distributed according to the laws of intestacy when they die without a valid will.

The intestate share is typically distributed among the deceased person’s closest relatives, such as their spouse, children, parents, and siblings, depending on the specific laws of the jurisdiction.

If there are no living relatives who are eligible to claim the intestate share, the estate may escheat to the state, meaning it becomes the property of the government.

Yes, the intestate share can be contested if there are valid grounds to challenge the distribution, such as if there is evidence of fraud, undue influence, or if the deceased person’s wishes were not properly considered.

Yes, if a valid will exists, it takes precedence over the intestate share, and the deceased person’s assets will be distributed according to the instructions outlined in the will.

Yes, the intestate share can be affected by any outstanding debts or liabilities of the deceased person. These obligations may need to be settled before the distribution of the intestate share.

The distribution of the intestate share may not always be equal among the eligible relatives. The laws of intestacy often prioritize certain relatives over others, such as a surviving spouse receiving a larger share than children or parents.

In general, the intestate share is reserved for close relatives of the deceased person. However, in some cases, if there are no eligible relatives, the intestate share may be claimed by a non-relative who can prove a valid legal relationship or dependency.

Yes, an eligible relative may choose to waive or disclaim their right to the intestate share. This can be done voluntarily, allowing the share to pass to the next eligible relative in line.

Yes, prenuptial agreements or other legal arrangements can impact the distribution of the intestate share. These agreements may outline specific provisions for the division of assets upon death, which can override the default laws of intestacy.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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