The importance of knowing the rules of succession without a will
The issue of succession is often complex and emotionally charged. While many people choose to draft a will to ensure that their assets are distributed according to their wishes after their passing, others may not have made such preparations. So, what happens when someone passes away without having written a will?
According to Educaloi, here's how the distribution of assets takes place in the absence of a will:
For married individuals with children:
- 1/3 of the assets go to the spouse.
- 2/3 of the assets are designated for the children.
- It's important to note that the rules of family patrimony and marital regime must always be applied first.
For unmarried individuals with children:
- The entirety of the assets (100%) is passed on to the children.
- The common-law spouse, in this case, is not entitled to anything, nor are the parents, siblings, or others.
Married individuals with parents but no children:
- The spouse inherits 2/3 of the assets.
- 1/3 of the assets go to the parents. If one parent is no longer alive, the other parent receives their share.
Unmarried individuals with no children but with parents and siblings:
- Half of the assets are designated for the parents, and the other half for the siblings.
Married individuals with no parents, children, or siblings:
- 2/3 of the assets are allocated to the spouse.
- 1/3 of the assets go to the siblings.
Unmarried individuals with no children, parents, or siblings:
- The entirety of the assets (100%) is designated for the siblings.