Frequently Asked Questions

Q: How is the estate distributed if there is no spouse?

If the deceased had no spouse, the order in which the estate may be distributed can be as follows: children, parents, brothers or sisters, grandparents, aunts or uncles, and cousins.

If the deceased had no spouse, the first relative who generally would receive the benefit of the estate would be any children. However, the question of who is considered a child in statute can potentially be far reaching and can include:

  • any children conceived through in vitro fertilisation (IVF);
  • adopted children, which can also include children adopted by same sex couples.

Due to the fact that a child of the deceased can encompass a wide range of classes, it’s important to seek the assistance of a lawyer who will be able to assist.


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