You are here: >> WillsHub-BHS Legal Home >> intestacy rules

intestacy rules

When no will is left

Nullabor sunset, When no will is left by a deceased person they are said to have died intestate. Dying intestate means no will is left setting out what is to be done with the deceased’s property. Who is entitled to take their estate?

Intestacy rules – who is entitled to inherit?

AdelaideIf you die without leaving a will you are said to die “intestate”. In the absence of instructions left in a valid will, who will inherit your property? Succession law contains strict rules to deal with this problem.

Dying intestate – when there is no will left or an invalid one

intestate, no will, will-making, make a willIntestate means dying without a will. But sometimes even if a person has left a will there may be a partial intestacy. This is when the will does not effectively dispose of all of their property.  If that happens the identified property falls into the residue of the estate and distributed according to what the person’s will states about disposal of the residue, and if silent, then according to the statutory intestacy rules.