Who gets the estate when there is no Will?
If there is no Will, the Estate Administration Act provides that the spouse, including a common law spouse (including same gender), and children will inherit the estate. If there is no spouse, children or grandchildren, then parents inherit, and if they pre-deceased, siblings and children of pre-deceased siblings inherit. If there are no living siblings, nieces or nephews come next, and if there are none, the estate is divided equally among those next and equally close by bloodline. Adopted and out-of-wedlock children and relatives of half blood have the same status as other relatives of the same degree of kinship. You should seek legal advice if you are in doubt.
