Intestacy Law Lawyers Sydney NSW
PBL Law Group is a leading NSW law firm specialising in Intestacy Law, providing expert guidance when a loved one dies without a Will.
- Expert advice when a loved one dies without a Will.
- Navigating the complex rules of intestacy.
- Guidance on applying for Letters of Administration.
- Ensuring a lawful distribution of the estate.
Speak to our NSW Intestacy Law Lawyers Now
We will call you within 24 hours.
Who Our NSW Intestacy Law Lawyers Help
Spouses & De Facto Partners
We help spouses & de facto partners understand their entitlements & navigate the administration process.
Children of the Deceased
We guide children on their intestacy inheritance rights, especially in blended families.
Parents & Siblings
We advise parents or siblings who may be the next-of-kin entitled to inherit the estate.
Other Next of Kin
We help other relatives understand their potential entitlements under succession law.
Those Unfairly Provided For
We represent eligible persons left with inadequate provision who wish to make a Family Provision Claim.
How Our Sydney Intestacy Law Lawyers Can Help
Intestacy Advice
We provide clear advice on the NSW rules of intestacy, helping you understand who is entitled to inherit.
Letters of Administration
We manage the court application for Letters of Administration to secure your legal authority to act.
Family Provision Claims
We represent eligible persons left with inadequate provision under intestacy who wish to make a claim for a fairer share.
Real 5-Star Client Reviews
Speak to Our Sydney Intestacy Law Lawyers Now
We will call you within 24 hours.
Our Intestacy Process
1
Consultation & Assessment
We assess the family situation, identify rightful beneficiaries under intestacy, & advise on who should be Administrator.
2
Preparing Court Documents
Our lawyers prepare all Supreme Court documents to apply for Letters of Administration, including family tree evidence.
3
Court Lodgement
We manage the entire lodgement process, including the online notice & filing the application with the Supreme Court.
4
Securing the Grant
We handle all court communication & receive the formal Grant of Letters of Administration, empowering you to act.
Speak to Our Specialist Intestacy Law Lawyers Now
We will call you within 24 hours.
Why Choose Our Intestacy Law Lawyers
1
Proven Experience
Decades of experience navigating the NSW rules of intestacy & managing intestate estates.
2
Compassionate Guidance
We provide clear, plain-English advice & compassionate support during a difficult & confusing time.
3
Efficient Court Applications
We specialise in preparing & lodging applications for Letters of Administration, avoiding costly delays.
4
Focus on a Lawful Outcome
Our goal is to ensure the estate is administered correctly, protecting the Administrator & all beneficiaries.
Visit Our Sydney Wills & Estate Lawyers
We provide expert wills & estate planning advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in Gosford, Gorokan & Coffs Harbour.
Speak to Our Sydney Intestacy Law Lawyers Now
We will call you within 24 hours.
No Will? The Law Decides
When a person dies without a valid Will, their estate is ‘intestate’. This means their final wishes are unknown, and the family does not decide who inherits.
Instead, a strict legal formula in the NSW Succession Act dictates who gets what. This can lead to unintended & distressing outcomes for loved ones. Our lawyers provide expert guidance to navigate these complex rules.
You Need Authority to Act
With no Will, there is no Executor. To manage an intestate estate, someone must apply to the Supreme Court to be appointed ‘Administrator’. This requires a court order called Letters of Administration.
Acting without this authority can leave you personally liable for any mistakes. Our lawyers manage the entire court application process, securing the legal authority you need to collect assets, pay debts, & finalise the estate correctly.
Speak to Our NSW Intestacy Law Lawyers Now
We will call you within 24 hours.
FAQs about Intestacy in NSW
What does "dying intestate" mean?
Dying intestate means a person has passed away without leaving a legally valid Will. When this occurs, their estate is distributed according to a strict legal formula set out in NSW law.
What are the "rules of intestacy"?
These are the legal rules in the Succession Act 2006 (NSW) that dictate who is entitled to inherit a deceased person’s assets, and in what order of priority, when there is no Will.
Who inherits the estate if someone dies intestate?
The order of inheritance is legislated. The primary beneficiary is a surviving spouse or de facto partner. If there is no spouse, the estate passes to children, then parents, then siblings, and so on through the family tree.
What are Letters of Administration?
Letters of Administration is a court order from the Supreme Court of NSW that formally appoints a person (an ‘Administrator’) with the legal authority to manage and distribute the estate of someone who died intestate.
Is Probate different from Letters of Administration?
Yes. Probate is the process for validating a Will and authorising an Executor. Letters of Administration is the process used when there is no valid Will to appoint an Administrator.
Who can apply for Letters of Administration?
Usually, the person with the greatest entitlement to the estate under the intestacy rules, such as the surviving spouse or an adult child, is the person eligible to apply to the court to be appointed as the Administrator.
Do you always need Letters of Administration if there is no Will?
Not always. For very small estates or where all assets were jointly owned, it may not be necessary. However, to deal with real estate or significant bank accounts and investments, a formal Grant of Letters of Administration is required.
My partner died without a Will. Do I inherit everything?
If you were the deceased’s only spouse or de facto partner and all their children were also your children, then yes, you typically inherit the entire estate.
What happens if my partner had children from a previous relationship?
In this common scenario, the surviving spouse is entitled to the deceased’s personal effects, a set statutory legacy (a sum of money), and half of the remaining estate. The other half is divided equally among all of the deceased’s children.
Do step-children inherit in an intestacy?
No. Step-children have no automatic right to inherit under the rules of intestacy, unless they have been legally adopted by the deceased.
What are the duties of an Administrator?
The duties include identifying and collecting all estate assets, paying the estate’s debts and taxes, and distributing the remaining assets to the beneficiaries strictly according to the rules of intestacy.
Is there a time limit to apply for Letters of Administration?
Yes. In NSW, you should apply for Letters of Administration within 6 months from the date of death. Applying later requires a satisfactory explanation for the delay to be provided to the court.
Can the rules of intestacy be disputed?
Yes. An eligible person who believes the intestacy rules provide them with inadequate provision can still make a Family Provision Claim to the court to seek a larger share of the estate.
How long does dealing with an intestate estate take?
The process can be longer than when there is a Will, as it involves identifying all eligible family members and obtaining the court order for Letters of Administration before the estate can be managed. It can take several months to over a year.
Is property owned as "joint tenants" affected by intestacy?
No. Property owned as ‘joint tenants’ automatically passes to the surviving owner(s) by law and does not form part of the deceased’s estate to be distributed under intestacy rules.
What about property owned as "tenants in common"?
The deceased’s specific share in a property owned as ‘tenants in common’ does form part of their estate and will be distributed according to the rules of intestacy.
How do you prove who the eligible relatives are?
The person applying for Letters of Administration must provide evidence to the court, such as birth, death, and marriage certificates, to establish the family tree and identify all the relatives entitled to inherit.
What happens if a relative cannot be found?
The Administrator must make reasonable and extensive searches to find any missing relatives who are entitled to a share. If they cannot be found, the Administrator may need to seek directions from the court.
Does the government take the estate if there is no Will?
This is a myth. The government only inherits the estate as a last resort if no eligible relatives can be found according to the extensive order of succession set out in the law.
Why do I need a lawyer for an intestacy matter?
An experienced Sydney NSW Intestacy Lawyers provides crucial guidance on the complex rules of intestacy, helps identify and prove who the rightful beneficiaries are, and manages the application for Letters of Administration, making a difficult process much smoother.
How Our NSW Wills & Estate Lawyers Can Assist You
Wills Drafting & Review
We draft & update clear, legally sound wills to ensure your final wishes are documented & protected.
Dispute a Will
Whether a Will is invalid or just unfair, we can help. We challenge Wills on grounds of incapacity or fraud & contest Wills for a fairer provision.
Defending a Will
We represent executors & beneficiaries to defend a will’s validity against challenges or family provision claims.
Family Provision Claims
Unfairly left out of a will? We help eligible persons contest a will & claim their fair share under the Succession Act 2006 (NSW).
Domestic Estate Planning
We create tailored estate plans to safeguard your Australian assets, minimise tax & provide for your loved ones.
International Estate Planning
Our experts advise on cross-border estate planning, international wills & trusts for tax-efficient global wealth transfer.
Grant of Probate
We guide executors through the Supreme Court process to obtain a Grant of Probate, validating the will & authorising you to act.
Enduring Power of Attorney
We prepare enduring powers of attorney to manage your future financial & legal decisions.
Enduring Guardianship
We draft enduring guardianships, appointing someone to make crucial personal, lifestyle & medical decisions if you’re unable.
Testamentary Trusts
We establish effective testamentary trusts within your will for superior asset protection, tax benefits & flexible beneficiary provision.
Intestacy Law & Advice
When a loved one dies without a will, we guide families through intestacy law to ensure the lawful distribution of assets.
Letters of Administration
We assist families in applying to the Supreme Court for Letters of Administration when there is no valid will or executor.
Estate Administration
We help executors with the administration of deceased estates, ensuring the lawful & efficient collection & distribution of assets.
Advance Care Directives
We draft clear directives outlining your medical treatment & end-of-life wishes to ensure they’re respected.
Special Disability Trusts
We establish specialised trusts to provide for the long-term care & financial security of a loved one with a severe disability.
Speak to Our Intestacy Law Lawyers in Sydney Now
We will call you within 24 hours.
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