Dying Intestate: What happens if you die without a Will?
When a person dies without a valid will, they are said to have died "intestate." This can create uncertainty and complexity in how their estate is distributed and can create a number of potential issues for loved ones left behind.
Understanding what happens under intestacy laws is crucial for anyone who wants to avoid unintended outcomes for their loved ones.
The Law Regarding Intestacy
In NSW, the distribution of a deceased person's intestate estate is governed by the Succession Act 2006 and will depend on the particular circumstances of the deceased. In general, an intestate estate is distributed to the next of kin of the deceased. The Act outlines who is the next of kin and starts with the spouse of the deceased, then children, parents, siblings, nieces and nephews, grandparents, aunts and uncles then cousins.
Legal Process
When someone dies intestate, a person (typically, the deceased’s next of kin such as a spouse, adult child, or parent) applies to the NSW Supreme Court for a grant of letters of administration in the deceased’s estate. This grant then gives that person (the administrator) the authority to manage and distribute the estate.
If you find yourself in the position of needing to apply for letters of administration after the death of a loved one, the Wills and Estates team at CDQ can guide you through the process and help to ensure it runs as smoothly as possible.
Potential Complications
In the absence of a valid will, the deceased has no control over who inherits specific assets. This can lead to undesirable outcomes, particularly if they had close friends, distant relatives or specific charities that they wished to include in their estate plan, but who might fall outside the scope of the rules of intestacy.
Dying intestate can also lead to delays in distributing the estate. For instance, the process of gathering all the evidence to prove entitlement to an intestate estate can take time. Additionally, if the deceased had a blended family, or complex financial arrangements, disputes between potential beneficiaries could arise further complicating matters.
Avoiding Intestacy
To avoid intestacy, and have a direct say in who benefits from your estate in the event of your death, you need to create a valid will. A will can not only provide peace of mind while you are alive, but it can also help to avoid unnecessary issues for your loved ones.
Need More Information?
If you do not have a valid will, now is a good time to get your affairs in order. Whilst it might seem like an unpleasant topic, a little time spent planning now could make a lot of difference for your loved ones in the future. Speak to one of the experienced lawyers at Colin Daley Quinn and find out how simple the process can be. Contact CDQ today on ph: 02 8556 0130.
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