Intestacy

 

Intestacy means dying without a will.  In that event your assets are distributed according to a rigid formula set down by succession laws in Queensland.

Such laws may mean:

♦  the sale of the family home or car

♦  you do not provide future financial protection for your children or grandchildren

♦  you leave disabled or incapacitated family members without adequate support

 you give your assets to the government if you have no relatives

♦  you have no say in who administers your estate or who is appointed guardian of your minor children

The court can on intestacy make a similar grant to the grant of probate.  This is known as letters of administration.

So what are letters of administration?  They are essentially the same as a grant of probate and show that the court is satisfied that the persons named in the letters has the authority to administer the estate.

How is the estate divided if there is no will?  Generally the assets go to the next of kin according to the rules set out in the succession laws.  De facto relationships can be recognised.

It’s a good idea to consult us before taking any steps in relation to the estate if you are the surviving next of kin.  We will guide you through the procedure for applying for letters of administration and advise as to your entitlements under the succession laws.

 

 

 

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  • Dying without a Will
  • Letters of Administration