What happens when there is no will?
The laws differ from state to state, depending on the next of kin. In NSW for example, where the deceased left a spouse and children to that spouse, the spouse receives the entire estate, whereas where the children are from a previous relationship, the spouse receives all personal effects, a statutory legacy of $350,000 adjusted, and half the remainder (if any), with the children taking the other half in equal shares.
The disadvantages of this are obvious; the statutory scheme fails to take into account the individual circumstances of relationships between the deceased and their family members. For example, if there has been a falling out between members of the family, this will not be considered, and any wishes of the deceased will not be taken into account.
Often when a person dies intestate, people close to the deceased, such as a de facto partner, may be left without any provision. If you believe you have not been adequately provided for, you may be able to make a claim for a Family Provision Order. Call us today on(02) 9299 1424 to talk to one of our experienced contested wills lawyers about filing a claim. We offer a No Win – No Fee Service for contesting wills, believing that all Australians should have access to legal representation.
It is also very important to ensure that you have a valid will, and that your family members know where it is located, or else your wishes may not be carried out upon death. Call us today to get valuable advice – (02) 9299 1424