INTESTACY REGIME Was intestate unmarried or

if married, was spouse

predeceased?
SLRA

YES. NO.
Did intestate have Is the estate worth more
children? than the preferential share
($200,000)?

YES.
YES. NO. NO. How many children do
How many children alive? Are the parent(s) alive? Estate goes to spouse. they have?
[Section 45(1)]

1 or more. ZERO 1 or MORE.

NONE. NO. YES.
Any surviving issue (i.e.
Equal shares to children 100% of estate goes to How many children are
(or children’s estate) Does intestate have Equal shares to surviving alive?
grandchildren)? spouse [Section 44]
[Section 47(1),(2)] surviving siblings? parents [Section 47(3)]

YES. 1 or more.
NONE.
Equal shares to surviving NO. YES. NO. Any surviving issue (i.e. Spouse gets preferential
issue (or issue’s estate if Go to parent, siblings, share [Section 45(2)]
Equal shares to siblings, Does intestate have grandchildren)?
children alive] of the nephews, then NOK (including estates of pre- surviving nieces/nephews? Residue [Section 46(2)]
nearest degree. [Section 1 child: ½ to spouse, ½
deceased siblings if the
47(1),(2)]
have SURVIVING issue) to child.
[Section 47(4)] 2 or more children: 1/3
to spouse, 2/3 shared
equally among children
YES. (or children’s estate)
Miscellaneuous points NO.
Kindred of half blood, as per s.47(8) inherit equally with full blood, but there is some Equal shares to surviving
Go to Next of Kin chart.
question as to whether “kindred” only applied in NOK scenario, or is also to be nieces/nephews (without
applied wrt sibling/nephew/niece analysis under ss.47(4)-(5). [Section 47(6)]
representation). [Section
Options: - if no next of kin, 47(5)]
Only half-blooded kin other than sisters, brothers, nephews, nieces inherit at all. (ie. NO.
Half-brother is SOL) estate escheats YES.
100% to spouse
Half-blooded enter the fray at each stage (eg. A sole surviving half blood brother Spouse gets preferential
[Section 44]
would inherit all via operation of 47(4)). share [Section 45(2)]
Go through s.47(4-5) and disregard half at that stage (eg. if a half brother and a full Residue [Section 46(2)]
nephew are alive, nephew gets all), and if must still go to s.47(6), re-enter the half
1 issue at nearest degree:
relatives at (4-5) into the fray, at which point they could compete with other NOK
using degree of consanguinity analysis. ½ to spouse, ½ to issue
As per s.47(9), a beneficiary en ventre sa mere that is subsequently born alive is 2 or more issue at nearest
deemed to have been born at the time of the intestate’s death. degree: 1/3 to spouse, 2/3
shared equally among
issue (or issue’s estate)