Don’t assume that a wife, husband or de facto will automatically inherit on the death of their partner – because it's just not that simple.
An example of what intestacy can mean
A married person gets any personal or household articles, but only the first $50,000 of the balance of the estate, and one third of the balance after that. Two thirds of the balance goes to the children.
And if it’s more complicated than that – for example, someone dies leaving a husband or wife and one or more of a parent, brother or sister, or child of a brother or sister, but leaving no issue – then the rules get more complicated too.
Click here to find out more about intestacy entitlements. For more information about your specific situation, contact us for advice from a qualified Will attorney in Perth.
What do you do when someone you know dies without leaving a Will?
If there’s no Will, there’s no-one with the authority to deal with the person’s affairs.
So one or more members of the deceased’s family can apply to the Supreme Court for a Grant of Letters of Administration.
These show that the Supreme Court is satisfied that the person named in the Grant has the authority to administer the estate.
The Court will issue a Grant of Letters of Administration to you if it is satisfied that:
- the deceased died intestate
- you’re the only eligible person to administer the estate or that other eligible persons have consented to your application
- you undertake to administer the estate according to the laws of intestacy
- you have sworn to the value of the assets and liabilities of the estate.
A Will attorney to help with intestacy issues
If you're dealing with an intestate problem, where someone has died without leaving a Will, we can help and advise you on the best way to handle it.
It costs a lot more to obtain a Grant of Letters of Administration than it does to prepare a Will and obtain Probate. So why not make sure you have your Will prepared, making it easier for your loved ones?
Click here to contact a qualified Will attorney in Perth for information about avoiding and resolving intestacy issues.
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