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Simple English definitions for legal terms
testate succession
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A quick definition of testate succession:
Testate succession is when someone writes down how they want their things to be given away after they die. This is different from intestate succession, which is when the law decides who gets what if there is no will. When someone has a will, a special court will try to give away their things the way they wrote it down in the will.
A more thorough explanation:
Testate succession
Testate succession refers to the process of distributing property according to a person's will after their death. This is different from intestate succession, where laws determine how property is allocated to relatives when there is no will.
Example 1: John writes a will before he dies, leaving his house to his daughter and his car to his son. After his death, a probate court distributes his property according to his will. This is an example of testate succession.
Example 2: Mary dies without leaving a will. Her property is distributed according to intestate succession laws, which may allocate her property to her closest living relatives. This is an example of intestate succession.
Testate succession is the process of distributing property according to a person's will after their death. This means that the person has control over how their property is distributed and can leave it to whomever they choose. In contrast, intestate succession is when there is no will, and the law determines how the property is allocated to relatives. The examples illustrate the difference between testate and intestate succession. In example 1, John's property is distributed according to his will, while in example 2, Mary's property is distributed according to intestate succession laws because she did not leave a will.