Module 6
Intestacy and the limits of freedom: the order of relatives, representation by branch or by head, simultaneous deaths, family provision, elective shares and forced heirship
Half of all adults die without a valid will, and many who do have a will leave part of the estate unplanned. For them the law writes the will: a fixed order of relatives, a set of rules for splitting shares among a family tree, and a final destination for property that no one can claim. Even the person who does make a will is not entirely free. Many legal systems protect a spouse, children or dependants, in one of three ways: by giving them a share that the will cannot touch, by letting a court adjust the will, or by reserving a fixed part of the estate. This module teaches the default scheme and the limits on freedom. Throughout, the figures and the shares in the examples are invented for teaching and are not the rules of any place.
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See what is included in All-Access →General education on the law of wills and succession, using invented people and estates. It states common principles in simplified form and does not describe any one country’s law, which differs and changes; rules on wills, intestacy, family claims and probate are strict and local. It is not legal advice. Consult a qualified lawyer in the place that matters.
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