ABSTRACT
Where a person dies without leaving an effective will he is said to die 'intestate'. It has long been established in English law that intestate succession to movable property is to be determined by the law of the domicile of the intestate at the time of his or her death. Intestate succession to immovable property is governed by the law of the country where the property is situated, the lex situs. The rules of intestate succession usually consist of fixed rules which may provide for a division of the intestate's property between more than one person. In most countries, where a person dies without being survived by any members of his or her family who qualify to succeed under the rules of intestate succession, his or her estate will usually pass to the state. The distinction may seem unreal when the matter turns in effect on the way in which the foreign state has formulated its rules of intestate succession.
