Article 2.5.4 Inheritance, Wills, and Succession

(a) Purpose and Scope:

This Article governs the rules and principles applicable to inheritance, wills, and succession within the ICT. It ensures legal certainty and respect for testamentary freedom, while safeguarding the interests of dependants and aligning with international best practices in private law, including cross-border succession, trust recognition, and digital estate planning.

(b) Testate Succession:

(i) Testamentary freedom is recognised in the ICT, subject to formal validity requirements and provisions to protect vulnerable dependants.

(ii) Valid wills and codicils, including holographic and digital wills, may be recognised where executed in accordance with the ICT Code or the law of the jurisdiction where made.

(iii) Wills shall clearly express the testator’s intention and be witnessed by two non-beneficiary adults of full legal capacity, unless alternative execution methods are authorised under ICT digital identity or related procedures.

(iv) The ICT Civil Registry may maintain a voluntary central register of wills.

(c) Intestate Succession:

(i) Where a person dies without a valid will, the default scheme of intestate succession shall apply, distributing assets in accordance with a standard order of priority:

(i) Surviving spouse or civil partner;

(ii) Children and their descendants;

(iii) Parents;

(iv) Siblings and their descendants;

(v) Grandparents;

(vi) Other surviving blood relatives.

(ii) In the absence of identifiable heirs, the estate may revert to the ICT Operator, subject to any known wishes of the deceased and the principles of fairness and public benefit.

(d) Trusts and Succession Planning Vehicles:

(i) The ICT recognises domestic and foreign trusts, private foundations, and similar legal arrangements for succession, provided they do not contravene the ICT Code or decisions of the ICT Court.

(ii) Trustees shall comply with common law fiduciary duties, including but not limited to the duty of loyalty, the duty to act in good faith, the duty to act prudently and with due care, the duty to avoid conflicts of interest, the duty to keep and render accounts, and the duty to act in accordance with the terms of the governing instrument and applicable law. Trustees shall also comply with any reporting obligations and distribution terms set out in the governing instrument or required under applicable law (which may include this ICT Code, as applicable).

(iii) Estate assets placed in such vehicles may be exempt from intestacy rules, provided the arrangement is validly constituted and not fraudulent.

(e) Succession of Digital and Joint Assets:

(i) Succession rules apply to digital assets, including crypto-assets, digital rights, and online accounts, where assignable by law or contract.

(iii) Property held in joint tenancy with right of survivorship (meaning a form of co-ownership in which each joint tenant holds an equal, undivided interest in the whole and, upon the death of one joint tenant, their interest passes automatically to the surviving joint tenant(s)) shall vest in the surviving joint tenant by operation of law, subject to contrary evidence of intention or fraud.

(f) Judicial Variation and Maintenance Provisions:

(i) The ICT Family Court may alter the distribution of an estate where necessary to ensure reasonable provision for:

(i) Minor or dependent children;

(ii) A financially dependent spouse, partner, or caregiver;

(iii) Disabled or vulnerable beneficiaries.

(ii) The Court shall consider the moral and financial obligations of the deceased, the size and composition of the estate, and the legitimate expectations of claimants.

(iii) Such orders shall not override express terms of a valid will except to the minimum extent required to prevent manifest injustice.

(g) Estate Administration:

(i) Executors or personal representatives shall be responsible for administering the estate, paying debts, and distributing assets in accordance with the will or intestacy rules.

(ii) Where no executor is named or willing to act, the ICT Family Court may appoint an administrator with full powers.

(iii) Administrators shall act in good faith, maintain clear records, and file an account of the estate within a timeframe set by any Operator appointed body dealing with probate.

(h) Recognition of Foreign Wills and Grants:

(i) Foreign wills shall be recognised where they:

(i) Were validly executed under the law of the jurisdiction where made;

(ii) Comply with fundamental principles of testamentary intent and capacity;

(iii) Do not contravene the ICT Code.

(ii) Grants of probate or letters of administration from foreign courts may be registered and given effect by the ICT Family Court, subject to safeguards.

(i) Dispute Resolution:

(i) Disputes concerning inheritance, will validity, or administration shall be determined by the ICT Family Court by default unless otherwise contractually agreed between the relevant parties.

(ii) Parties are encouraged to pursue mediation or family settlement agreements where appropriate.

(iii) The Court may issue interim orders to preserve estate assets during litigation.

(j) Supplementary Rules:

The Operator or a body appointed by it may issue supplemental guidelines concerning digital succession, simplified probate, trust recognition, and cross-border coordination. Such guidelines shall not override this ICT Code but may clarify procedural, evidentiary, or administrative aspects.

(k) Survivorship and Conflicts of Law:

(i) Where multiple deaths occur and the order of death cannot be determined, the younger is presumed to have survived the elder unless proven otherwise.

(ii) In cases of dual nationality or domicile, the applicable law for succession shall be determined having regard to the terms of any will or testamentary instrument, the intention of the deceased as to applicable law (where validly expressed), the location of the deceased’s habitual residence, the situs of estate assets, and other relevant connecting factors.

(l) Capacity and Undue Influence:

(i) A testator shall have testamentary capacity at the time of execution of the will. Wills made under undue influence, coercion, or fraud may be declared invalid.

(ii) The ICT Court may require corroborative medical or legal evidence where the testator was elderly, incapacitated, or vulnerable at the time of execution.

(m) Presumption of Revocation:

(i) A will shall be presumed revoked where destroyed intentionally by the testator or replaced by a subsequent valid testamentary instrument.

(ii) Marriage or civil partnership entered into by the testator after execution of a will shall revoke the will unless expressly stated otherwise.