Intestacy - General Overview

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:

 

Who is entitled to a share of the estate under the rules of intestacy?

Written by Terry Johansson | 13th September 2013

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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What is intestacy?

Written by Terry Johansson | 13th September 2013

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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Family provision claims: who is an ‘eligible claimant’?

Written by Terry Johansson | 13th September 2013

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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What are Letters of Administration?

Written by Terry Johansson | 25th July 2014

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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International Issues

More info on Wills
& Inheritance?

More info

LGBT RightsWhere do you stand?

More info

Making a Will

Find out what’s involved

More info

International Issues

More info on Wills
& Inheritance?

More info

LGBT RightsWhere do you stand?

More info

Making a Will

Find out what’s involved

More info