What happens when one dies without a will

The biggest mistake in estate planning is not having a will. Not having a proper will in place is likely to result in a lot of difficulty for the family members of the deceased person. The heirs may have to spend more time and bear higher expenses to claim the money willed to them.

Also not leaving a will may lead to undesirable (from the point of view of the deceased) distribution of assets because when a person dies intestate (without a will), his/her estate is passed on according to the succession laws applicable to the deceased as per his/her religion.

Also Read: Writing a will? Avoid these 8 mistakes


Hindu Law
For Hindus, Buddhists, Jains and Sikhs, the Hindu Succession Act,1956, and Hindu Succession (Amendment) Act, 2005 are applicable. If a Hindu male dies intestate, his property will go to Class I heirs. If these don't exist, it will go to Class II heirs. If these too don't exist, it will go to Agnates, and in their absence, to Cognates. If these too are not there, the estate goes to the government.

Class I heirs
Son/daughter; widow; mother; son/daughter of predeceased son; son/daughter of predeceased daughter; widow of predeceased son; son/daughter of predeceased son of predeceased son; widow of predeceased son of predeceased son.

Also Read: How to make an error-free will

Class II heirs
Father; son's/daughter's son; son's/daughter's daughter; brother; sister; daughter's/son's son; daughter's/son's daughter; daughter's/daughter's son; daughter's/daughter's daughter; brother's son; sister's son; among others.

Agnates
Distant blood relatives of male lineage

Cognates
Distant blood relatives of male or female lineage

If a Hindu female dies intestate, her property shall devolve as follows:
a. First, to sons and daughters (including children of predeceased son or daughter) and the husband.
b. Second, to heirs of husband.
c. Third, to mother and father.
d. Fourth, to heirs of father.
e. Fifth, to heirs of mother.

Also Read: Answers to 8 common queries on wills

Islamic Law
Muslim law recognises two types of heirs-sharers and residuaries. Sharers are entitled to a certain share in the deceased's property. Residuaries take up the share in the property that is left over after sharers have taken their part.

Also Read: What is a living will? How does it work?