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:

What needs to be established to be successful in a family provision claim?

Written by Terry Johansson | 13th September 2013

The claimant must show that “reasonable financial provision” was not been made for them through the operation of the Intestacy Rules. “Reasonable financial provision” means such financial provision that is reasonable in all the circumstances of the case and sufficient for the claimant’s maintenance. This means an amount that is...

Can the rules of intestacy be contested?

Written by Terry Johansson | 18th September 2013

Yes. As an unmarried partner, you can contest the division of the estate under the rules of intestacy and seek provision for you by making a ‘family provision’ claim under the Act. A potential claim against the estate will only arise if: The deceased died whilst domiciled in the relevant...

Who can be the Administrator of the estate and how do you apply for Letters of Administration?

Written by Terry Johansson | 13th September 2013

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...