Legal Definitions - intestatus

Intestatus refers to a person who has died without leaving behind a legally valid will. When an individual dies "intestate," their assets (known as their estate) will be distributed according to the specific laws of intestacy in their jurisdiction, rather than according to any personal wishes they might have expressed informally.

Here are some examples to illustrate this concept:

• Example 1: Sarah, a 35-year-old professional, passed away suddenly in an accident. She had always intended to create a will but kept postponing it, believing she had plenty of time. Because Sarah never completed or signed a legally binding will before her death, she is considered intestatus. Her estate will therefore be distributed according to the specific inheritance laws of her state or country, rather than any personal preferences she might have had.

• Example 2: Mr. Henderson, an elderly gentleman, had a handwritten document outlining how he wanted his property divided among his children. However, he never had it formally witnessed by the required number of people, nor did he sign it in their presence as mandated by law. Despite his intentions, Mr. Henderson died intestatus because the document he prepared did not meet the legal requirements to be considered a valid will. Consequently, his assets will be distributed according to the intestacy laws, which might differ from his handwritten wishes.

• Example 3: A young couple, Mark and Emily, had just purchased their first home together. Tragically, Mark died unexpectedly shortly after. They had discussed making wills but hadn't yet taken any steps to draft or execute them. Since Mark died without a valid will in place, he is intestatus. His share of the property and any other assets solely in his name will be distributed according to the laws of intestacy, which typically prioritize spouses and children, but may not align with how he and Emily might have planned their joint future.