What is Intestacy
Intestacy is when someone dies without a valid Will.
The Law dictates who is entailed to the estate and the estate must be divided in accordance with the Rules of Intestacy.
Who will inherit an intestate estate depends upon the value of the estate and which family members the deceased was survived by.
The Rules of Intestacy are applied and dictate an order in which family members will inherit.
The order is as follows for a death after 1st October 2014.
As you can see from the flow chart the following categories of people do not automatically receive a share in an estate where there was no valid Will.
- Cohabitants or unmarried partners
- Ex-spouses or civil partners
- Step-parents or stepchildren
- Close friends
This means that if you die intestate, none of these relations or friends will be able to benefit from your estate.
Administering an intestate estate is usually much more complex than an estate where a Will was left.
Cribbin & Co are specialists in administering intestate estates and we are happy to advise on all aspects of interstate cases from providing initial advice to you right up to administer the whole estate on your behalf.