Updated 17 October 2020
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