|

12 Sep INTESTACY LAW

Posted in by
0 Likes

Has a loved one passed away with a valid Will? Let’s talk.

If a person dies without a valid Will, they are deemed to have died intestate. In those circumstances, a list of beneficiaries of the estate will be determined by the statutory scheme of intestacy in each State.

In all Australian jurisdictions, it is possible to contest the distribution of intestacy through a family provision claim, like you would if you have been excluded or inadequately provided for under a Will.

 

SOUTH AUSTRALIA

In South Australia, if you die without a valid Will, your Estate will be distributed in accordance with the intestacy statutory scheme as detailed below.

If the Deceased is…

 

Frequently Asked Questions

Survived by Spouse or Defacto and No Children

Spouse or defacto receives the entire estate.

Survived by Spouse or Defacto and Child/ren

If the total estate is less than $100,000 the spouse or defacto receive the entire estate.

If the total estate is more than $100,000 the spouse or defacto receive:

  • The personal chattels of the deceased
  • $100,000 from the estate and 50% of the remaining estate
  • The right to purchase the estate property

Child/ren receives:

  • An equal share of the remainder of the estate
Survived by Children only

Children receive equal shares of the estate. If one of the children predecease the deceased but have children, then the children will take their parent’s share.

Survived by No Spouse / Defacto or Children
  • Survived by no spouse/defacto or children: equal shares between the parent/s of the deceased
  • No surviving parents: equal shares to the siblings of the deceased
  • No surviving siblings: equal shares to the nephews and nieces of the deceased
  • No surviving nephews/nieces: equal shares to the grandparent/s of the deceased
  • No surviving grandparent/s: equal shares to the aunts and uncles of the deceased
  • No surviving aunts/uncles: equal shares to the first cousins of the deceased
  • No surviving relatives: Estate left to the government

Dying without a valid Will may mean that your assets will not be distributed in accordance with your wishes. As seen from above, it may even pass to those whom you have little or no contact with if your immediate next of kin have predeceased you.

It is therefore important to ensure your true wishes are reflected in your last Will and testament. Leaving behind a well-constructed Will can also ensure that your estate is distributed in a timely and efficient manner.

No Comments

Sorry, the comment form is closed at this time.

PLEASE SELECT THE STATE IN WHICH THE DECEASED PERSON RESIDED

  • VICTORIA
  • NEW SOUTH WALES
  • QUEENSLAND
  • SOUTH AUSTRALIA
  • WESTERN AUSTRALIA
  • TASMANIA
Latest News
Contact Us
Email Us1300 600 935

If you’d like to keep up-to-date with marshalls+dent+wilmoth.

Follow us on Social Media!

TESTIMONIALS

We were very satisfied with the advice and representation provided by marshalls+dent+wilmoth in our matter. From the outset Sandy inspired confidence: that she had substantial experience in dealing with matters similar to ours, and that she had a clear understanding both of the legal issues involved and approaches likely to be effective. She kept us well informed throughout the procedure, and was always available to our questions or concerns. She was also adept in guiding us- and which option she recommended- as the matter progressed.

She was at all times courteous and considerate in her dealings with all concerned. In short, I would have no hesitation in recommending her services

-Rod

DEFENDING A WILL CONTEST (VIC)

Sandy you have been outstanding for all the work you have done and the way I have been treated. I couldn’t have had a better person battling for me- You are great at what you do and you work from the heart. Don’t change as you are a great lawyer. Good luck in the future!

-Maria

WILL DISPUTE (VIC)