To die without a Will is to die in a state of intestacy.
A person that dies intestate loses all control or say over the distribution of their assets, as the assets will be distributed in accordance with pre-determined formula set out in the intestacy laws of the state or territory in which you lived at at the date of your death. This pre-determined formula will not be in conformity with the Islamic rules of inheritance.
Further as there has been no executor nominated a family member will need to apply to the Court for what is known as Letters of Administration. If granted the Letters of Administration will give the family member the right to administer and distribute the estate in accordance with the laws of intestacy (not the Islamic distribution of the estate.) It should be noted also that applying for Letters of Administration is a lot more complicated and expensive as opposed to applying for a grant of probate where there has been a Will written.
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