No Will - Intestacy
Dealing With A Loved One’s Estate Without A Will
When someone passes away without a valid Will, they are considered to have died “intestate.” In this case, their estate will be distributed according to the intestacy laws in effect at the time of their death, regardless of their personal wishes. The distribution depends on factors such as whether the deceased was married, in a de facto relationship, or had children at the time of their passing.
Proving Your Entitlement To The Estate
To prove your right to the estate, beneficiaries must gather original documents like marriage and birth certificates, and any necessary translations. Additionally, affidavits may be required to confirm the deceased’s living arrangements and the absence of a de facto spouse. Extensive searches for a possible Will must also be documented. These requirements can make the process more complex and costly compared to if a valid Will had been left.
Probate and Estate Administration
In New South Wales, "estate administration" refers to the legal process of managing a deceased person's estate, guided by the Probate and Administration Act 1898 and common law.
Family Provisions Claims
In New South Wales, a Family Provision Application allows individuals who believe they have been unfairly provided for under a Will, or who were left out entirely, to seek a fair share of the deceased's estate.
Defending an Estate
Defending a will in the event that a family provision claim is made can be complicated and stressful without appropriate expert legal advice.
Contesting or Challenging a Will
If you've been excluded from a Will or received an unfair share of the estate, you may have grounds to contest or challenge it.
Beneficiaries with Special Needs
Ensuring beneficiaries with special needs are adequately protected can be challenging.
Talk To Us Today
Our team is prepared to assist you today.
Call on 1300 344 960 for a complimentary 30-minute consultation for new clients.
What We Can Do
The next-of-kin is typically required to apply to the Supreme Court for Letters of Administration to be appointed as the Estate Administrator. This involves signing all necessary paperwork and, if needed, instructing a solicitor. Managing this process can be challenging, especially with multiple potential heirs. Therefore, we strongly advise creating a Will to clearly state your wishes and ease the burden on your loved ones. If you believe you should have been included in the estate but were not, you might be eligible to make a Family Provision Claim.
Talk To Us Today
For trustworthy guidance and expert assistance with estate administration, contact our experienced team today.