In New South Wales if you die without a valid Will you will die intestate.
A common question we have is “doesn’t my partner just inherit everything anyway?”
The Succession Act 2006 outlines a spouse’s entitlement of a person who dies intestate. Specifically a spouse of an intestate has been defined as:
- A person who is married to the intestate immediately before the intestate’s death; or
- Who is party to a domestic partnership with the intestate immediately before the intestate’s death.
There are many rules that follow in the Succession Act, each very specific. They are further subject to any individual who may seek a family provision claim over the intestate’s estate. It will be comforting for some to know that in New South Wales, pursuant to the Succession Act 2006, there is a schedule that provides a standard order of inheritance when an individual dies intestate. This is as follows:
1. Spouse
2. Children and grandchildren
3. Parents
4. Siblings
5. Grandparents
6. Aunts and uncles
7. Cousins
8. The State
Making an application to the Supreme Court in these circumstances can be difficult taking into account various considerations as to the intestate’s estate.
If you or your partner find yourselves in a situation where you do not have a current valid Will, call our office today to make an appointment with one of our specialist family lawyers.
Tiyce & Lawyers – we’re here when you need us.
