In the first of this series, Our Today explored the main differences between dying testate versus intestate and the consequences of each.

For part two, we will now examine what is called the ‘Order of Priority’. This is most simply, the family members who are assigned by the legislation to be the beneficiaries of the estate.

This list is provided in the Intestate Estates and Property Charges Act, specifically in Section 4(1) under the heading, ‘Table of Distribution’.

The section refers to the what is known as the residuary estate. This is simply the left over or ‘residue’ after paying all debts and necessary government taxes.

The first in the order is the surviving spouse. A spouse, for the sake of the law, is a single woman/man cohabiting with the deceased for at least 5 years before their death, as if they were man and wife. This, of course, covers non-married couples, provided the spouse can prove the necessary timeline has been met, and that it was to the exclusion of all other partners.

The spouse is also entitled to all personal chattel- vehicles, furniture, clothes, etc. Essentially, any asset that is not property. They are also entitled to 10 per cent of the value of the estate, after taking out the chattel to which they are already entitled.

Should the deceased have one child, then the estate is divided between the spouse and child in a share of 1/3 to the child and the remaining 2/3 to the spouse.

Should there be more than one child, then it is split in half, with half being divided evenly among the children and the other half going go the spouse.

The child/children would get the entire estate if there is no surviving spouse. The assets would have to be held on trust on their behalf until they are legal adults.

If the deceased had no children, but has a living parent, then the estate would get divided between the spouse and the parent, in the same proportions mentioned above. The parent is also entitled to the entire estate if there is no spouse or child.

These categories are the main relations acknowledged by the law.

There is another section explaining other eligible relatives. In order of preference these would be; siblings who share both parents, then the siblings who share just one parent, then grandparents then lastly, aunt/uncles who are full siblings to a parent and then if not, half siblings of a parent.

It is important to note, the estate does not get shared among the entire list. Only the spouse and children are guaranteed beneficiaries. The rest of the list is only contemplated in the absence of children.

Again, this does not account for the relationship these people might have had with the deceased during their lifetime.

The list is not discretionary, and must be used to guide distribution in a strict sense, regardless of any evidence of malice or ill-will during the life of the deceased.

It is, therefore, important that to avoid this rigidity, a will is done prior to death.