When the deceased leaves no will, the estate passes according to the statutory order of succession. A will can depart from that order — but not without limits.
Statutory orders of succession
In the first order, the deceased’s children and spouse inherit in equal shares. If there are no descendants, the spouse and the deceased’s parents form the second order. A common-law partner is treated the same as a spouse, subject to statutory conditions.
The forced share
Even a will cannot entirely bypass the closest relatives: descendants and the spouse are entitled to a forced share of one half of what they would receive under the statutory rules. A will that infringes the forced share is not automatically void — the forced heir must assert the right in the probate proceedings.
When a will can be contested
A will can be contested for lack of testamentary capacity, defects of will (threat, fraud, mistake) or breach of form. Deadlines run from learning of the will and of the ground for contesting it, so a timely reaction is essential.
This article is for information only and does not constitute legal advice. Contact us to discuss your specific case.
