When a person passes away, the distribution of his/her assets will follow his/her Will. If he/she does not have a Will, then the default position under the law governed by the Intestate Succession Act (ISA) would have to be applied.

The deceased (“the Deceased”) died intestate on 29 June 2006.

This case concerned an application for a declaration that a woman (“AWL”) was unable to make decisions regarding her finances and assets because of an impairment in the functioning of her mind.