What's happening?
When a person dies without a valid will, their estate is distributed according to a fixed statutory order set out in NSW legislation, generally referred to as the intestacy rules. This can produce an outcome quite different from what the deceased may have actually wanted, particularly in blended families or where the family situation is not straightforward.
What could it mean for me?
- A spouse, partner and children may each be entitled to a share of the estate depending on the family structure
- A partner who was not married and not in a recognised de facto relationship may not automatically inherit under intestacy
- Distribution can become complex where there are multiple relationships, stepchildren or estranged family members
- The process for administering an intestate estate involves applying for letters of administration
What are my options?
- Obtain advice on how the intestacy rules would apply to a particular family situation
- Apply for letters of administration to formally administer the estate
- Consider whether a family provision claim may be relevant if the intestacy outcome does not adequately provide for you
What happens next?
- We assess the family relationships relevant to the estate
- We advise on how the intestacy rules apply to the specific circumstances
- We assist with the letters of administration application if required
- We advise on any potential family provision claim if the outcome under intestacy may not adequately provide for an eligible person
How can MGE Lawyers help?
We advise families dealing with an intestate estate, explaining how the statutory rules apply to their specific situation and assisting with the administration process.