Sadly, many people die without leaving a Will. Someone who dies without having left a Will is said to die 'intestate'. When this happens, the law lays out how the deceased's property is to be divided. In most cases, this division will not be in accordance with the deceased's wishes, underlining the importance of having place a valid Will.
The law relating to intestate succession is found in the Succession Act 2006. The Succession Act sets out the entitlement of a surviving spouse. In particular, it sets out a spouse’s preferential right to acquire property from the estate and lays out what occurs when there are multiple spouses.
If you expected to be a beneficiary of a Will in Sydney and New South Wales, but have not been provided for, you can make a claim against the distribution of any estate and contest the Will under the Succession Act 2006 (formerly Family Provision Act 1982), provided you can clearly set out reasons as to why you should be considered a beneficiary in the Will of the deceased's estate.
Intestate Estate Legal Advice
If you have a problem with an intestate estate or a Will, call Szabo & Associates Solicitors on 02 9281 5088 or book a consultation and see how we can help you.