Since 1977, PK Simpson has been helping families across NSW navigate intestacy matters and family provision claims. With over 25,000 successful cases, our experienced contested wills lawyers understand the complexities of intestate estates and how to protect your entitlements when a loved one dies without a will.
What Happens When Someone Dies Without a Will?
When a person dies intestate (without a will), the deceased’s estate will be divided according to statutory provisions.
The laws differ from state to state, depending on the next of kin. In NSW for example, where the deceased left a spouse and children to that spouse, the spouse receives the entire estate, whereas where the children are from a previous relationship, the spouse receives all personal effects, a statutory legacy of $350,000 adjusted, and half the remainder (if any), with the children taking the other half in equal shares.
For families trying to understand what happens when someone dies without a will in NSW, the statutory legacy is a critical detail. This legal safety net is designed to prioritize a surviving partner, ensuring they receive a designated portion of the estate before any assets flow to other relatives. Because this framework heavily impacts how an estate is divided, families must verify exactly how these rules apply when working out a spouse’s entitlement.
These intestacy rules are set out in Chapter 4 of the Succession Act 2006 (NSW). The $350,000 statutory legacy amount is adjusted periodically for inflation. Our Surry Hills, Sydney lawyers serve clients across NSW including Sydney, Parramatta, Newcastle, and Wollongong, helping families understand their intestacy entitlements.
The Problems with Intestacy Laws
The disadvantages of this are obvious; the statutory scheme fails to take into account the individual circumstances of relationships between the deceased and their family members. For example, if there has been a falling out between members of the family, this will not be considered, and any wishes of the deceased will not be taken into account.
Letters of Administration After Dying Without a Will in NSW
When someone dies without a will in NSW, there is no executor appointed by a will. A suitable person, often a relative with the greatest entitlement, may apply to the Supreme Court of NSW for Letters of Administration. The grant authorises the administrator to collect assets, pay debts and distribute the remaining estate under the intestacy rules.
Before applying, it is useful to gather:
- the death certificate and details of the deceased’s assets and liabilities
- evidence of searches for a valid will
- birth, marriage, death or relationship records that help establish eligible relatives
- any consents or notices required where others have an equal or competing right to apply
Not every asset necessarily forms part of the intestate estate. Ownership arrangements, superannuation nominations and the requirements of individual asset holders can affect what authority is needed, so advice should address the estate’s specific circumstances.
Can You Challenge Intestate Distribution?
Often when a person dies intestate, people close to the deceased, such as a de facto partner, may be left without any provision. If you believe you have not been adequately provided for, you may be able to make a claim for a Family Provision Order. Call us today on 1300 757 467 to talk to one of our experienced contested wills lawyers about filing a claim. We offer a No Win – No Fee Service for contesting wills, believing that all Australians should have access to legal representation.
Under the Succession Act 2006 (NSW), family provision claims must be made within 12 months of the deceased’s death. This strict deadline applies whether or not a valid will exists. Early legal advice is crucial, as our estate disputes team can assess your eligibility and gather necessary evidence before the deadline expires.
Administering an estate and seeking further provision are different processes. Letters of Administration deal with who may manage and distribute the estate; a family provision application asks the Court to consider whether an eligible person received adequate provision.
Early advice can also clarify whether a person qualifies as a spouse or domestic partner under NSW intestacy rules and whether they may also seek further provision from the estate. This distinction can be especially important in blended families and where relationship evidence is disputed.
Protecting Your Own Family: The Importance of a Valid Will
It is also very important to ensure that you have a valid will, and that your family members know where it is located, or else your wishes may not be carried out upon death. Call us today to get valuable advice – 1300 757 467
Our executors and probate lawyers can also assist with administering intestate estates, obtaining Letters of Administration, and managing the complex legal requirements when someone dies without a will in NSW.
Since 1977, PK Simpson have been helping the people of Australia get the compensation they are entitled to. PK Simpson have the skills and experience to make sure you are successful.
For expert advice on intestacy and family provision claims in NSW, contact PK Simpson today on 1300 757 467 for a free consultation.