How is the inheritance divided between a spouse and children?

When a person passes away without a valid will, the law determines inheritance distribution among close relatives. If there’s no will, the spouse typically inherits the entire estate if there are no children, parents, siblings, or descendants. Otherwise, the spouse may receive half if there’s one child or one-third if there are multiple children. If there are no children but parents or siblings, the spouse may inherit two-thirds.

If the spouse is deceased, inheritance varies. If there are children, they inherit equally. If there are no children but siblings or parents, they inherit entirely. If only distant relatives survive, they divide the estate equally.

With a will, a portion of the estate still goes to the spouse and children as “minimum inheritance shares” mandated by law. The remaining portion, known as the available share, can be distributed as desired. Typically, the spouse receives 25% of the estate plus the right to reside in the marital home, and the children receive 50% equally.

If the deceased leaves a spouse and one child, the spouse receives 33% of the estate plus the right to reside in the marital home, and the child receives another 33%. The remaining 33% constitutes the available share.

In summary, without a will, the spouse’s inheritance varies based on family composition. Children inherit equally if no spouse survives, and distant relatives inherit in specific orders. With a will, the spouse and children have minimum entitlements, and the testator can allocate the remaining estate as desired.

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