intestate succession

In the law of inheritance, transmission of property or property interests of a decedent as provided by statute, as distinguished from transfer according to the decedent's will.

Modern laws of intestacy, though they vary widely, share the common principle that the estate should devolve upon persons standing in some kinship relation with the decedent; modern practice tends to favour the rights of the surviving spouse.

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law
      in the law of inheritance, succession to property that has not been disposed of by a valid last will or testament. Although laws governing intestate succession vary widely in different jurisdictions, they share the common principle that the estate should devolve upon persons standing in some kinship relation with the decedent. Modern laws of intestacy have tended not to emphasize the traditional concern that property be kept within the bloodline through which it came to the decedent. Modern practice also tends to favour the rights of the surviving spouse, whether or not he or she is regarded as kin, and (in most jurisdictions) to ease restrictions on inheritance by illegitimate children.

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Universalium. 2010.

Look at other dictionaries:

  • intestate succession — see succession Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. intestate succession …   Law dictionary

  • intestate succession — Succession or inheritance from a person who dies without leaving a valid or operative will. Not a natural or inherent right. 23 Am J2dDesc&D§11 …   Ballentine's law dictionary

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  • intestate — in·tes·tate 1 /in tes ˌtāt/ adj [Latin intestatus, from in not + testatus testate] 1: having not made a valid will died intestate 2: not disposed of by a valid will intestate property an intestate estate; specif: transmitted according to statuto …   Law dictionary

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  • succession — successional, adj. successionally, adv. /seuhk sesh euhn/, n. 1. the coming of one person or thing after another in order, sequence, or in the course of events: many troubles in succession. 2. a number of persons or things following one another… …   Universalium

  • succession — Following another; succeeding to the rights of another, as where a new corporation which is a reorganization of another corporation takes the rights of the old corporation. 19 Am J2d Corp § 1524. The passing of property in possession or enjoyment …   Ballentine's law dictionary

  • SUCCESSION — SUCCESSION, devolution of the deceased person s property on his legal heirs. Order of Succession The Pentateuchal source of the order of succession is If a man die and have no son, then ye shall cause his inheritance to pass unto his daughter.… …   Encyclopedia of Judaism

  • Succession (conflict) — In the Conflict of Laws, the subject of succession deals with all procedural matters relevant to estates containing a foreign element whether that element consists of the identity of the deceased, those who may inherit or the location of property …   Wikipedia

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