Imagine that a father dies leaving a wife, two children and a house. He never made a last will. Who owns the house now? Does the wife receive everything? Do the children have equal rights? Can the eldest son claim a larger share? Under Sri Lanka's general inheritance law, the answers may be different from what family members expect.
What Is Intestate Succession?
If a person dies without a legally effective will disposing of property, the applicable law determines who inherits it. This is called intestate succession. In Sri Lanka, the Matrimonial Rights and Inheritance Ordinance governs general-law intestacy, but different rules may apply under Kandyan law, Thesawalamai or Muslim law.
How Much Does the Surviving Husband or Wife Inherit?
Under section 22 of the Matrimonial Rights and Inheritance Ordinance, a surviving spouse ordinarily inherits one-half of the deceased spouse's intestate property. The other half passes to the remaining legal heirs under the statutory rules.
Example: A father dies leaving a wife, two children and a net distributable estate worth Rs. 12 million. Assuming general law applies:
| Family member | Share | Value |
|---|---|---|
| Wife | 1/2 | Rs. 6 million |
| First child | 1/4 | Rs. 3 million |
| Second child | 1/4 | Rs. 3 million |
The same general principle applies to a husband surviving his wife. The calculation concerns the deceased person's property, not the surviving spouse's separately owned property.
Do Sons and Daughters Inherit Equally?
Under general law, children ordinarily inherit equally. The eldest son does not automatically receive more, and a married daughter does not lose her general-law inheritance rights because of marriage. If a mother dies leaving three children and no spouse, the children ordinarily receive one-third each. Adoption, parentage and special-law questions can require separate examination.
A daughter does not lose these rights simply because she married. The legal position may need separate examination where adoption, legal parentage or a special succession law is involved.
What If One Child Died Before the Parent?
Grandchildren may inherit the share that their deceased parent would have received. Suppose a grandmother had two children, one alive and the other deceased leaving two children. If the grandmother leaves no surviving spouse, the living child ordinarily receives half, and the two grandchildren share the other half. This is called inheritance by representation.
What If the Deceased Had No Children?
Parents may inherit where there are no descendants; siblings may also inherit in certain circumstances. If a person leaves a spouse, no descendants and two surviving parents, the spouse ordinarily receives one-half, with the parents sharing the remainder. The rules are more detailed if only one parent survives or there are full and half-siblings.
Where only one parent survives, the relevant parent may share with certain brothers or sisters under section 25 of the Ordinance. Full and half-siblings can be treated differently. The whole family relationship should therefore be established before distributing property.
What If Only a Husband or Wife Survives?
Having no children does not automatically mean the surviving spouse receives everything. Parents, siblings or other qualifying relatives may have rights. If the relevant classes of other heirs fail, the surviving spouse may become entitled to the entire estate under the general law.
Can an Heir Sell the Inherited House?
Not necessarily. Several heirs may own undivided shares in one house or plot of land. This does not automatically divide the property into physical portions. One heir cannot ordinarily sell the entire property simply because they inherited a share; title and testamentary requirements must be checked.
What Should the Family Do?
Identify all potential heirs, inspect deeds and family records, establish the applicable law and consider whether a court grant or certificate is necessary. Where there are debts or disagreements about shares, obtain advice before distributing or transferring property.
A birth certificate, marriage certificate, death certificate and any adoption order may be relevant. Disagreements should be addressed before an heir attempts to sell more than the share legally belonging to them.
Conclusion
Under Sri Lanka's general law, a surviving spouse ordinarily receives one-half of the intestate estate. Children and other relatives inherit according to the statutory order. The precise result depends on the family relationships, property and law applicable to the deceased.
Legal References
- Matrimonial Rights and Inheritance Ordinance, sections 21–36
- Applicable special succession laws
Sinhala edition
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This article is for general legal information and public education. It is not legal advice for a particular matter or an Attorney-at-Law/client relationship. The applicable law and the circumstances of each estate must be examined individually.