In circumstances where a spouse dies without a will, the immovable and moveable property (the estate of the deceased) would be distributed according to the Intestate Succession Act.

Once the  surviving spouse or child or both of them have exercised their rights to one house and household chattels that the rest of the estate falls into residue. The residue estate would be distributed according to the law.

Intestate survived by a spouse and child

Where the intestate is survived by a spouse and by a child the residue of the estate shall devolve in the following manner:

• three-sixteenth to the surviving spouse;
• nine-sixteenth to the surviving child;
• one-eighth to the surviving parent;
• one-eighth in accordance with customary law.

Where there is no surviving parent one-fourth of the residue of the estate shall devolve in accordance with customary law.

Intestate survived by spouse only

Where the intestate is survived by a spouse and not by a child the residue of the estate shall devolve in the following manner:

• one-half to the surviving spouse;
• one-fourth to the surviving parent;
• one-fourth in accordance with customary law.

Where there is no surviving parent one-half of the residue of the estate shall devolve in accordance with customary law.

Intestate survived by child only

Where the intestate is survived by a child and not by a spouse the surviving child is entitled to three-fourths of the residue and of the remaining one-fourth, one-eighth to the surviving parent and one-eighth shall devolve in accordance with customary law. Where there is no surviving parent the whole of the one-fourth shall devolve in accordance with customary law.

Intestate survived by parent only

Where the intestate is survived by a parent and not by a child or spouse, three-fourths of the estate shall devolve to the surviving parent and the remaining one-fourth shall devolve in accordance with customary law.

Devolution of residue where customary law is inapplicable

Where a customary law is not applicable to the devolution of that part of the residue which by virtue  of what was mentioned above, shall devolve in accordance with customary law, that part of the residue shall devolve in equal shares to those beneficiaries otherwise entitled to share the residue under the relevant provisions of this Act.

Intestate survived by neither spouse, parent nor child

• Where the intestate is not survived by a spouse, a child or a parent the estate shall devolve in accordance with customary law.
• Where a customary law is not applicable to the devolution of the estate of an intestate who is not survived by a spouse, a child or a parent in the circumstances mentioned above the estate shall devolve to the Republic.
• Where the estate of an intestate devolves to the Republic , if an application is made to the High Court, and the Court is satisfied that a person who was maintained by the intestate or with whom the intestate was closely identified, should be maintained out of the estate or that a portion of the estate or the whole of the estate should devolve to that person, the Court may make an order for the maintenance of that person out of the estate or that a portion of the estate or the whole estate devolves to that person.

Grandchildren of intestate

Where a child of the intestate who has predeceased the intestate is survived by a child who is the grandchild of the intestate, the grandchild is entitled, if that child is dependent on the intestate at the time of death, to the whole or a portion of the estate which would otherwise have devolved to the parent if that child had not predeceased the intestate.

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