Spouse with no descendants

If the person who died (the "intestate") was married but had no children, then their entire estate goes to their spouse.

Spouse and common descendants

If the person who died leaving a spouse and descendants who are also descendants of the spouse, then all of the estates shall go to the spouse

Spouse and children

If someone dies without a will and has a spouse and children who are not all also the children of the spouse, the following rules apply:

• If the total value of the assets is not very high, the spouse gets everything.

• If the total value of the assets is higher, the spouse gets a set amount of money (which is determined by the law) plus interest, and then a portion of what's left over.

• If one of the children of the deceased has also passed away but had children of their own, those grandchildren get the same share of the estate as their deceased parent would have received if they were still alive.

Parents

If someone dies without a spouse or children, their estate will be divided equally between their parents.

• If a parent has already died, the surviving parent will get their share,

• if both parents have died, the estate will be divided among the descendants of the parents.

Grandparents

If someone dies without leaving a spouse or children, but has living grandparents or their descendants, the estate will be divided equally among the grandparents.

• If a grandparent has died, their share will be given to their descendants, such as their own children or grandchildren.

Great-grandparents

If the intestate doesn't have surviving grandparents or descendants of grandparents but has great-grandparents or their descendants, then the estate will be divided equally among the great-grandparents.

• If a great-grandparent has died, then their share of the estate will be given to their descendants, who will receive it equally to equal level of relations to the intestate

Effect of divorce/separation on entitlement

• If the couple had been living apart for more than 2 years, or were in the process of getting a divorce or resolving property or family issues, the spouse may not receive a share.

  • However, if the couple had reconciled before the death, the spouse may still receive a share.

• If the surviving spouse was cohabiting with another person in a spousal-like relationship at the time of the death, they are also not entitled to a share.

SK Intestate Succession Act s. 4-10, 15