The late Abel passed away of heart attack leaving no Will but a wife with 2 children. Benjamin, the late Abel’s younger brother claims that he is entitled to a share in his deceased brother’s million dollar estate. The late Abel’s mother which is saddened by the arguments between her son and grandchildren has persuaded her grandchildren that their uncle is entitled to the late Abel’s estate.
Pursuant to Section 6 of the DA 1958, if the deceased is survived by his/her spouse, children and parent, his/her estate will be distributed as follow:
1/2 children (if more than 1, in equal shares);
1/4 spouse; and
1/4 parent (if both parent, in equal shares)
Thus, Benjamin is not entitled to any share in the late Abel’s estate.
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