More than half of the residents of Australia die without a Will, which is known as having died ‘intestate’. This can have important legal consequences for the family of the deceased.
Many people would be unaware of how an estate is divided in an intestacy. Ultimately, the estate will be divided amongst the deceased’s family members according to the rules of intestacy. These rules state which family members will receive a share of the estate and how much each family member will receive.
In the future we will be covering the following topics:
- What is intestacy?
- Who can be the Administrator of the estate and how do you apply for Letters of Administration?
- Who is entitled to a share of the estate under the rules of intestacy?
- Can the division of the estate in accordance with the rules of intestacy be contested?
- Family provision claims/challenging the distribution rules under an intestacy. Who is an ‘eligible claimant’?
- What needs to be established to be successful in a family provision claim?