In the event an individual dies intestate, namely without a Last Will and Testament, the Distribution Act 1958 (“DA 1958“) dictates how and to whom the deceased’s estate will be distributed.
The first order of business would be to identify whether the deceased had any surviving spouse(s), surviving parent(s), and surviving issue(s).
| Surviving spouse? | Surviving parent(s)? | Surviving issue? | Distribution |
| ✔ | X | X | Surviving spouse entitled to 100% of the estate
[Section 6(1)(a) of the DA 1958] |
| ✔ | ✔ | X | Surviving spouse entitled to 1/2 of the estate
Surviving parent(s) entitled to 1/2 of the estate [Section 6(1)(b) of the DA 1958] |
| X | X | ✔ | Surviving issue entitled to 100% of the estate
[Section 6(1)(c) of the DA 1958] |
| X | ✔ | X | Surviving parent(s) entitled to 100% of the estate
[Section 6(1)(d) of the DA 1958] |
| ✔ | X | ✔ | Surviving spouse entitled to 1/3 of the estate
Surviving issue entitled to 2/3 of the estate [Section 6(1)(e) of the DA 1958] |
| X | ✔ | ✔ | Surviving parent(s) entitled to 1/3 of the estate
Surviving issue entitled to 2/3 of the estate [Section 6(1)(f) of the DA 1958] |
| ✔ | ✔ | ✔ | Surviving spouse entitled to 1/4 of the estate
Surviving parent(s) entitled to 1/4 of the estate Surviving issue entitled to 1/2 of the estate [Section 6(1)(g) of the DA 1958] |
In the event the deceased did not leave any surviving spouse(s), surviving parent(s), and surviving issue(s), the deceased’s entire estate will be distributed “in the following order and manner” [Section 6(1)(i) of the DA 1958]:
(a) The deceased’s surviving brothers and sisters, in equal shares;
(b) [If (a) is not applicable], the deceased’s surviving grandparents, in equal shares;
(c) [If (a) to (b) is not applicable], the deceased’s surviving uncles and aunts, in equal shares;
(d) [If (a) to (c) is not applicable], the deceased’s surviving great grandparents, in equal shares;
(e) [If (a) to (d) is not applicable], the deceased’s surviving grand uncles and grand aunts, in equal shares; and
(f) [If (a) to (e) is not applicable], the Government except insofar as the deceased’s estate consists of land.