In reality most people die without a will or with part of their property not distributed in a will.This is known as intestate succession or intestacy. The rules of intestacy provide for distribution of the estate to the surviving spouses (s)and children first and if none to the next of kin.

INTESTACY RULES- Section 36 to 41 of the Law of Succession Act sets out how the estate of intestate is to be disrtibuted to the spouse and children in diffrent scenarios.For example:
i. Where there is a spouse and children
ii .Where there is no surviving spouse but there are children
iii. Where there is surviving spouse but no children
iv .Where there is neither a surviving spouse nor children

RIGHTS OF SURVIVING SPOUSE
The entitlement of surviving spouses is outlined under two circumstances(where there are children and where there are no children)
i. Where intestate leaves one surviving spouse and a children(provided for under section 35 of the LSA)
ii .Where intestate leaves a surviving spouse and no children(provided for under section 36 of the LSA)

RIGHTS OF CHILDREN
i.Where there is a surviving spouse/parent or children(section 35 and 41 of the Law of Succession Act)
ii.Where intestate is survived by a child\children only(section 38 of the LSA provides that where an intestate is survived by a child\children only the estate shall devolve upon the surviving child if there be one or be equally shared among the surviving children.
iii.Grandchildren of the intestate(section 41 of the LSA provides that if those children of the intestate had borne children(grandchildren of the intestate)those children would be entitled to their parents share of the estate.

RIGHTS OF OTHER RELATIVES/DEPENDANTS
The LSA rules of intestacy are designed to make the provision of the estate to the immediate next of kin the children and the spouse . However there are other circumstances where other relatives can benefit from the intestate's estate:
i. When the intestate leaves behind no surviving spouse or children (section 39 of the LSA)
ii.If they make an application for provision as dependants (section 29 (a)(b)(c))

DIVISION OF THE ESTATE OF A POLYGAMIST
Section 40 of the LSA provides for the distribution of the estate where the deceased was polygamous.These provisions apply where the deceased was legally married in a system of law that recognizes polygamy and is survived by different spouses and children.