It is not mandatory to make a Will by law. In absence of a Will, the property and assets of a person are distributed to his/ her heirs as per the rules of intestate succession.
There are different ways in which intestate succession can ne implemented in different countries.
India –
In India, if a person dies without a Will, his/ her assets are distributed according to the personal laws of intestate succession decided according to the religion followed by him/ her.
For Hindus, Buddhists, Jains, and Sikhs, the Hindu Succession Act, 1956 applies. For Christians and Parsis, the Indian Succession Act, 1925 is followed. For Muslims, inheritance is governed by Muslim personal law.
United Arab Emirates
The intestate succession in UAE follows the local UAE Courts rules. If a real estate property is among the assets UAE law as per Sharia rules is applied automatically.
If no party claims and proves the application of foreign law, UAE law as per Sharia rules is applied.
Malaysia –
In case of intestate succession in Malaysia, the assets of the deceased are distributed in accordance to the provisions of Distribution Act 1958.
Hong Kong –
If a person dies intestate (without a will) in Hong Kong, their estate will be distributed according to the Intestacy Rules in the Probate and Administration Ordinance.
With contributions of
India –
Adv. Sayali Ganu-Dabake, Founder Partner, LexonomiX
Adv. Mrudul Limaye, Associate, LexonomiX
United Arab Emirates –
Elena Schildgen, Senior Partner Lawyer at Meyer-Reumann & Partners.
Malaysia
Sim Wen Yee, Founder & Managing Partner, Messrs Sim &Rahman
Hong Kong
Elsa Law, Elsa Law & Co. Solicitors
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