Intestacy

If a person dies without leaving a will, they are said to have died intestate.

In these cases, the estate passes to the next of kin in an order that is determined by the Succession Act 2006 (NSW).

This also applies in cases where the deceased leaves a partially completed will (in which case the deceased is said to have died partially intestate) or where a will exists but is rendered invalid for some reason.  The most common form of intestacy occurs when no will is made.

Remember that on many occasions family members do not know whether a will exists, and just assume that the estate is in intestacy.  It is important that the family members make every effort to locate the will before initiating the intestacy procedures.

There are real disadvantages of intestacy, with the most notable being that the deceased has no control over how the assets of the estate are disseminated.  The estate MUST be divided amongst the deceased’s closest kin, regardless of whether or not the deceased would have wanted to name them beneficiaries.

As indicated previously, in cases of intestate, Letters of Administration must be filed as opposed to Letters of Probate.

Related Posts

It’s time to address your Estate planning ‘Estate Planning’, it’s something that we put off.  Perhaps because we don’t feel like we have an ‘estate‘ or perhaps our ‘estate’ is too complex.  Some have lodged a will 20 years ago, the majority of us still haven’t ever got around to… Read more…

What do I do about Loss of Capacity and your SMSF

A loss of capacity of a person can occur when a person is unable to understand the nature of a document or is unable to communicate a decision. Read more…

One of the toughest jobs you can ever do is to watch the decline of a loved one to a mental disease.  More so, when you are the full-time carer and you have to contend with everything from toilet and washing duties to sometimes physical and verbal abuse. Read more…

Related listings

Stuart Lawyers

(02) 9261 0633

Suite 59a 104 Bathurst St, Sydney CBD QLD 2000

Read more…

Fittock Barristers & Solicitors

(08) 8237 0011

11th Floor, 118 King William St, Adelaide SA 5000

Read more…

Benjamin & Robinson Solicitors

09547 1733

842 King Georges Rd, South Hurstville NSW 2221

Read more…

Queensland Lawyers

(07) 4041 4370

68 Spence Street, Cairns QLD 4870

Queensland Lawyers is based in Cairns, QLD and specialises in Family Law and Traffic Law. Read more…

Caldwell Solicitors

(07) 5575 8444

lvl 3, HQ Building, 58 Riverwalk Ave, Robina QLD 4226

Caldwell Solicitors is based in Robina, QLD and specialises in Family Law, Farming & Agriculture Law, and Traffic Law. Read more…