Many people put off making a Last Will, often thinking it’s too morbid or believing they have plenty of time to prepare one. However, life can be unpredictable, and passing away without a Last Will—legally known as dying intestate—can lead to complications.
What Happens If You Die Without a Last Will in Sri Lanka?
When someone dies intestate in Sri Lanka, their estate is distributed according to the laws of intestate succession (rather than according to their wishes). Without a Last Will, the law decides who inherits, which may not align with what the deceased would have wanted. What makes this more complex is that there is no single rule that applies to everyone. Instead, the distribution of assets depends on the personal law applicable to the deceased.
This means that two individuals with similar assets may have their estates distributed in entirely different ways, depending on whether they were governed by the General law (Matrimonial Rights & Inheritance Ordinance of 1876), Kandyan Law, Thesawalamai, or Muslim Law.
Succession Laws in Sri Lanka
In Sri Lanka, there is no single uniform law governing the distribution of a person’s estate. When a person dies intestate (without a Last Will), their assets are distributed according to the one of the following categories, which depends on their personal or community background. The main categories of succession laws in Sri Lanka are:
- General Law
- Kandyan Law
- Muslim Law
- Thesawalamai Law
Inheritance under the General Law in Sri Lanka
In Sri Lanka, a significant portion of the population is governed by the Matrimonial Rights & Inheritance Ordinance of 1876 (“MRIO”), also known as the General Law of succession. This ordinance, however, does not apply to Kandyans, Muslims, or Tamils of the Northern Province who are or may become subject to the Tesawalamai.
The MRIO establishes a strict hierarchy of inheritance, under which relatives inherit in a prescribed order and fixed proportions.
If a person dies intestate (without leaving a valid will) and leaves a surviving spouse, the spouse is entitled to one-half of the deceased’s property. Subject to the rights of the surviving spouse, inheritance is then divided in the following order:
- Descendants – children, grandchildren, and further lineal descendants
- Ascendants – parents, grandparents
- Collaterals – siblings, uncles, aunts, and their descendants
For an example
- Deceased leaves a spouse and children (including grandchildren representing a deceased child):
The estate is divided among the surviving spouse and descendants in set shares determined by the MRIO. - Deceased leaves a spouse but no children:
The surviving spouse may inherit together with the deceased’s parents or siblings. - No surviving spouse, children, or parents:
Succession extends to more distant relatives, including grandparents, uncles, aunts, and their descendants.
If a person passes away intestate without any heirs as specified by the ordinance the property eventually goes to the State.
A common misconception is that a surviving spouse automatically inherits the entire estate. Under the General Law, this occurs only where all the heirs previously enumerated fail. In such circumstances, the entire inheritance devolves upon the surviving spouse, if any; failing which, it devolves upon the next heirs of the intestate.
Another frequently misunderstood aspect concerns children born outside a lawful marriage. Under the General Law, such children may inherit from their mother, but not from their father
Inheritance under the Kandyan law
The rules regulating intestacy under the Kandyan Law vary depending on factors such as;
- whether property is movable or immovable,
- acquired property or paraveni property and
- whether the marriage was in diga or binna.
Inheritance to movable property
When a man dies intestate, the surviving spouse whether married in diga or binna is entitled to all the movable property.
Immovable property can be classified into two i.e. paraveni and acquired property.
- Paraveni (Ancestral) property, being inherited property belonging to the deceased.; and
- Acquired property, being all property which is not paraveni property The rules for distribution of paraveni and acquired property would depend on whether the marriage is in diga or binna.
Disputes frequently arise over whether a particular asset is ancestral or acquired, and whether a marriage was diga or binna, often requiring evidence of custom and family practice.
Inheritance under the Thesawalamai Law
The Jaffna Matrimonial Rights and Inheritance Ordinance of 1911 governs the succession to property of persons governed by Tesawamai. This is a regulation for giving full force to the “ Tesawalamai” or the customs of the Malabar inhabitants of the province of Jaffna.
As per the said Ordinance , property under Thesawalamai is classified as:
- Mudusam – property that devolves to a person by descent upon the death of a parent or any ancestor in the ascending line, such as grandparents or great-grandparents
- Urumai – property inherited from relatives other than a parent or an ancestor in the ascending line, such as siblings or collaterals.
- Thediathetam – property acquired jointly during the subsistence of the marriage
In respect of thediathetam, one half shall devolve on the surviving spouse and the other half shall devolve on the heirs of the deceased spouse. Mudusam and Urumai will devolve on the descendants, parents or collaterals.
Inheritance under the Muslim Law
For Muslims, intestate succession is governed by Islamic law (Sharia) as applicable to the relevant sect.
According to the rules of intestate succession in Shafi law of sunni sect there are three types of heirs i.e Koranic heirs, Agnatic heirs and Uterine heirs.
The major heirs fall into the category of Koranic or Agnatic heirs.
Koranic heirs receive a fixed portion of the inheritance and are usually closest female members of the family and the spouse.
Males are agnatic heirs. Females move from the rank of Koranic heirs to the rank of Agnatic heirs when there are males in the family and receive half of the share of males.
The Legal Process: How to Claim an Intestate Estate
Intestate estates valued at LKR 4 million or more must be administered through a testamentary case filed in the District Court having jurisdiction, usually determined by the deceased’s last place of residence or the location of immovable property.
The Risks of Dying Intestate
Dying without a will can result in significant consequences, including:
- Property devolving upon distant relatives or the State, contrary to personal wishes
- Prolonged family disputes and litigation
- Bank accounts remaining frozen for extended periods
- No provision for, unmarried partners, or charitable causes
- Prolonged family disputes can lead to increased legal costs diminishing the value of the estate
A properly drafted will allows an individual to determine how assets are distributed and significantly reduces uncertainty for surviving family members.
Why You Should Consult Desaram for Estate Planning?
D. L. & F. De Saram has advised families on inheritance and estate planning matters in Sri Lanka for generations. Our team has extensive experience across General Law, Kandyan Law, Thesawalamai, and Muslim succession matters, including estates involving multiple personal laws.
Whether you are concerned about property inheritance without a will, require assistance with drafting a last will in Sri Lanka, or are facing an ongoing probate or intestate succession matter, our estate planning lawyers provide clear, practical advice tailored to your circumstances.
