Intestacy: Overview


The contents of this page is general information only and should not be considered to be legal advice.  It does not take into account the many variations in the laws between the various Australian States.  You should obtain your own legal advice applicable to your own personal situation.  For information on the situation applying to individual download the relevant flow chart. VIC. NSW. QLD. WA. SA.


It is estimated that nearly half of the population die without a will. When this occurs, the deceased is said to have died ‘intestate’. This can have important legal consequences for the family of the deceased.

Many people may be unaware of what intestacy will mean for their family and how the estate of the deceased will be divided.

This guide will provide you with general information only and is designed to give you an idea only as to how an Estate is affected by intestacy.

If you have any questions, or if you would like more information, ask a lawyer to help you.

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Common Questions

CWPL can easily answer these common questions for You:

Is there an Intestacy?

  • If a Will turns up, is it valid?
  • What happens if only some of the assets are covered by the Will?

If there is an Intestacy, what are the entitlements?

  • How do I draw up the family tree, and work out which relatives qualify for a share?
  • How can DNA prove which children are entitled?
  • Which assets pass under the intestacy, and which pass automatically to others?

For Spouses/Partners

  • How do I prove my relationship, and calculate my entitlements?
  • Can I say that the Intestacy Rules do not give me my real entitlement, and claim for more?
  • How do I protect my rights over the family home?

Contact Terry Johansson

CWPL: NOT a traditional law firm

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