Question
Norman dies without having made a will. He is survived by many relatives - a spouse, children, adopted children, sisters, brothers, uncles, aunts, cousins, nephews,
Norman dies without having made a will. He is survived by many relatives - a spouse, children, adopted children, sisters, brothers, uncles, aunts, cousins, nephews, and nieces. What determines who gets what? Explain and defend your answer.
After Norman's death, his estate will be dealt with under the rules of intestacy that govern his jurisdiction.
The rules of intestacy are dependent on the jurisdiction where Norman met his death. They all agree however that after a death without a will present, the first person to be considered to inherit the estate is the spouse, in this case, Norman's spouse should be considered first for the inheritance.
In the case that his spouse is unwilling or unable by any way, shape or form, the laws of intestacy change in accordance with his region. However, the rules follow a general outlook that gives the inheritance the following hierarchy: the deceased's children, in this case, Norman's children, by birth and via adoption will be considered for the inheritance. If the children are unable in any way, shape, or form, then the parents of the deceased are entitled to the inheritance. Next up on the list are the brothers and sisters of the deceased, in this scenario, Norman's brothers and sisters are eligible for the inheritance. If all the above groups are unable to take the inheritance, the uncles, aunts and their children are allowed to inherit and finally, nephews and nieces.
What if he had left a hand written note as to how he wanted things distributed, but it wasn't a full fledged will. Would that piece of paper stand up in court? What would that note be in legal terms?
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