If a person dies without a Will it is referred to as dying intestate, and legislation will dictate how the assets will be split. Sometimes this is simple, such as if there is property that is jointly owned then this will automatically pass to the surviving partner. For assets owned solely by the deceased it will be necessary to appoint someone to administer the estate and distribute the property.
Administering the estate
An application is made to the NSW Supreme Court to have an administrator appointed. This will normally be a beneficiary such as a spouse or adult child.
Once this has been done, distribution of the estate is dealt with in accordance with the intestacy rules in the Succession Act 2006 (NSW). These rules set out who is entitled to what of an intestate estate and follows a set, if potentially complicated, order of entitlement. Broadly speaking, the order is as follows:
- spouse, including a de facto partner
- children or grandchildren
- parents
- brothers and sisters
- grandparents
- uncles and aunts
- cousins
Each category is only considered if there is no one in the preceding category. If there is no one who qualifies at all the estate will pass to the State government. These rules do not, however, prevent a Court making separate provision for ‘eligible’ persons.
Contact our Wills and Estate Planning Lawyers in Sydney, NSW
Dying without a Will can mean that someone that you did not want to benefit could inherit part of your estate which is why it is best not to leave things to chance.
If you have a problem with an intestate estate or any aspect of a Will, we can help you. Please contact Szabo & Associates Solicitors on {{CONTACT_NUMBER}} or complete the online form.