Each State of Australia has different rules that work out how a person’s assets are to be distributed if they die without a Will. However, the rules are similar, and generally work like this: if the deceased died, leaving a spouse but no children, everything goes to the spouse; if...

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When a person dies without a Will, or without a valid Will, they are said to have died ‘intestate’. This means that their property or ‘estate’ (e.g. flat, car, contents of bank accounts, shares, and furniture) will be divided amongst the deceased’s relatives in accordance with the strict rules of...

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Before the Estate can be divided, Letters of Administration must first be granted to the next of kin of the deceased who is called the Administrator. The powers and duties of an Administrator are very similar to those of an Executor and will permit the Administrator to deal with the...

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An person who is an eligible claimant will usually be: a) Spouse or civil partner of the deceased; b) A former spouse or civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership; c) A child of the deceased; d) An unmarried partner...

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Yes. The person contesting the division of the Estate will usually be a family member of the deceased and make a ‘family provision’ claim. A potential claim against the Estate will usually only arise if: a) The deceased died whilst domiciled in the State in which the law applies;  and...

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