What happens if I die without a will in New South Wales?
If you die in New South Wales without a will, you are considered to have died intestate. Usually, a grant of Letters of Administration will then be applied for, and your estate will be passed on to eligible relatives as per the Succession Act 2006.
Who does my estate go to?
Your estate is then distributed to eligible relatives (if any) as per the Intestacy Rules set out in the Succession Act 2006, however if you die without any eligible relatives, then your estate will go to the Crown.
If you do not have a spouse or any children, the general order of inheritance in New South Wales is as follows;
- Your parents
- Your siblings
- Your grandparents
- Your aunts/uncles
- Your cousins
- The State
This means that assets will not be distributed past the relation of cousins. The usual process is for the assets to go through the general order until an eligible inheritor is found.
What are the Intestacy Rules?
In New South Wales, the Intestacy Rules are found in the Succession Act 2006 and are as follows;
|Where the intestate leaves a spouse and no issue||
|Where the intestate leaves a spouse and issue from the relationship||
|Where the intestate leaves a spouse and issue from a previous relationship||
|Where the intestate leaves more than one spouse, but no issue||
|Where the intestate leaves a more than one spouse and issue who are all issue of one or more of the surviving spouses||
|Where the intestate leaves more than one spouse and any issue who are not issue of a surviving spouse||
|Where the intestate leaves issue||
|Where the intestate is not survived by issue but is survived by one or both parents||
|Where the intestate is not survived by a spouse, issue or parents||
|Where the intestate is not survived by a spouse, issue, parents or siblings||
|Where the intestate is not survived by a spouse, issue, parents, siblings or grandparents||
|Where the intestate is not survived by a spouse, issue, parents, siblings, grandparents or aunts or uncles||
|Where the intestate leaves no persons entitled||
What can I do now?
Most people don’t want their estate to be passed to the Government or distant family members if they have no entitled persons for their estate to go to. To ensure your assets are distributed how you want them to be, you should have a will in place.
More information? To find out more, give us a call on 1300 023 782 or email firstname.lastname@example.org.
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