Tag Archives: intestate

Intestacy rules – who is entitled to inherit?

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Dying without a will (intestate) – who inherits?

Intestacy is when you die without leaving a will.  You are said to have died “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.

This is an outline of the application of the intestacy rules. They specify the order of entitlement as to who inherits and in what proportion, as well as the provision of a sum of money (statutory legacy) for the spouse or partner.   More →

A family tree can be useful, with or without a will

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Why do a family tree?

family tree, wills, inheritance, intestate, intestacy,

A family tree is a record of information about family relationships. It is useful to have a basic outline of close family/next of kin relationships to keep with your personal papers.  This maybe unnecessary you might think.

However a family tree can be helpful in preparing to make a will, especially where large, complex estates, blended families and business succession issues are involved.  More →

Why make a will and what can a will do?

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Why make a will and what can it do?

Dying without leaving a will, or leaving an invalid one, is to die intestate.   Dying intestate means property left (the estate) is distributed according to the intestacy law.  The intestacy law has been prescribed by legislation as the ‘default’ rules to apply in these circumstances. The problem is that the intestacy formula for distribution may not produce the desired outcome.

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

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By B Stead

If a deceased person has not left a will, or if no document appearing to be a will can be found, they are said to have died intestate.  Here is an outline on how succession law rules operate to distribute an intestate person’s property; who is entitled to inherit.

The meaning of ‘intestate’

‘Intestate’ is a defined term in all state and territory legislation dealing with intestacy.  It is defined with similar wording throughout, such as that in section 102 of the Succession Act 2006 (NSW):

An intestate is someone who has died and either not left a will or left one which does not dispose effectively by the will all or part of their property. More →