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12 Sep INTESTACY LAW

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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.

 

WESTERN AUSTRALIA
In Western 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 $50,000 the spouse or defacto receive the entire estate.

If the total estate is more than $50,000 the spouse or defacto receive:

  • The personal chattels of the deceased
  • $50,000 from the estate and 1/3 of the remaining estate

Child/ren receives:

  • An equal share of the remainder of the estate
Survived by Spouse / Defacto & Either a Parent / Sibling / Siblings’ Children

If the total estate is less than $75,000 the spouse or defacto receive the entire estate.

If the total estate is more than $75,000:

  • The spouse or defacto receive $75,000 plus 50% of the remainder of the estate
  • The other 50% will be distributed as follows:
    • If the value of the 50% share is under $6,000 and there is no surviving siblings or nieces/nephews then the parents receive it in equal shares.
    • If the value of 50% share is more than $6,000, the parents will receive $6,000 plus 25% of the remainder of the estate. The other 25% will be received by the siblings of the deceased.
    • Where there is no surviving parent/s, the siblings of the deceased and the nieces/nephews of the deceased will receive the remaining 50%.
Survived by Child/ren only

Child/ren receive the entire estate in equal shares.

Survived by Parent/s & One or More / Siblings or Nieces / Nephews

If the total estate is less than $6,000 the parent/s receive the estate in equal shares.

If the total estate is more than $6,000:

  • The parent/s receive $6,000 and 50% of the remainder of the estate
  • The other 50% will be distributed to the siblings and nieces/nephews of the deceased in equal shares
    • Surviving parent/s only: equal shares to the parent/s of the deceased
    • Surviving siblings and nieces/nephews only: equal shares between the siblings and nieces/nephews
    • Surviving grandparents only: equal shares to the grandparent/s of the deceased
    • Surviving uncles/aunts or first cousins: equal shares to the aunts/uncles and first cousins of the deceased
    • No surviving relatives: the estate will be 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.

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PLEASE SELECT THE STATE IN WHICH THE DECEASED PERSON RESIDED

  • VICTORIA
  • NEW SOUTH WALES
  • QUEENSLAND
  • SOUTH AUSTRALIA
  • WESTERN AUSTRALIA
  • TASMANIA
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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)