When a person dies intestate (without a will), the deceased’s estate will be divided according to statutory provisions.
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