Intestacy

![CDATA[A person is said to die intestate where no effective will has been left to dispose of the person’s property on death. The person may die totally intestate or partially intestate (where a will disposes of only part of the person’s property). In either case there are statutory rules which provide for the distribution of the person’s property in the absence of an effective will. These rules, referred to generally as schemes of distribution on intestacy, or rules of descent or inheritance of property, determine who is to receive an intestate’s property and how much each is to receive. The rules are ‘default’ provisions which distribute the estate of a deceased person in the absence of an effective testamentary disposition by that person. A declaration by a testator that the next of kin is not to benefit from the will does not displace the statutory rules if the testator leaves property undisposed of by will. However a declaration by a testator that the next of kin is not to benefit at all may be construed as gift by implication to the person next in line after the next of kin. In the former the testator has intended to dispose of all of his or her property but has not effectively done so. The declaration is a mere reason for excluding the next of kin. In the latter case the testator has contemplated dying intestate.]]