| |
Testacy
(will made) |
Intestacy
(no will) |
| Distribution
of estate |
A
testator has a free hand to choose his beneficiaries,
subject to making reasonable provisions for the dependents. |
The
estate of the deceased is distributed in accordance with
the laws on intestate succession under the Distribution
Act 1958 (as amended in 1997). |
| Handling
the affairs of the deceased |
The
executor of the estate is named in the will. |
In
intestacies, the administrators would be appointed by
the court to handle the affairs of the estate. |
| Powers
of executors and administrators |
Upon
the appointment of the executor, the assets of the estate
passes to the executor and the executor is not restricted
from carrying out the instructions of the deceased as
set out in the will. |
Administrators
have to call in the estate and distribute it after obtaining
Letters of Administration. |
| Calling
in of the assets of the deceased |
Executors
may call in the assets by producing the will and the death
certificate of the deceased, to vest the estate in them.
|
The
administrators can only call in the estate after the Letters
of Administration have been extracted. |
| Distribution
of estate |
The
will gives specific directions to the executor as to the
handling of the assets of the deceased. |
The
estate has to be called in, converted into cash and distributed
to the beneficiaries. |
| Potential
problems |
If
a person has made a will, the only problem that might
arise is the validity of the will or whether it has
been revoked by some later will or subsequent marriage.
Note:
While a divorce will not make the will invalid, gifts
by will to a spouse lapses as a consequence of the dissolution
or annulment of a marriage, unless a contrary intention
is shown in the will. The will only becomes invalid
if the person remarries or changes the provisions in
the will. |
When
a person dies seemingly without leaving a will, the
problem that arises is whether a will has been made
or not. There may be situations where wills may be suppressed
by dependants who have been left out and inadequately
provided for and who stand to gain more from intestacy.
Note:
The courts have power to intervene and provide for aggrieved
persons to be given money out of the deceased estate,
even if there is a will, upon an application to the
court. |
