Intestacy Lawyers in Sydney & NSW
- 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.
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NSW Intestacy Lawyers Serving:
Spouses & De Facto Partners
Assisting surviving spouses and de facto partners to understand their entitlements and navigate the process of administering an intestate estate.
Spouses & De Facto Partners
Children of the Deceased
Providing legal guidance to children on their inheritance rights under intestacy rules, especially in situations involving blended families.
Children of the Deceased
Parents & Siblings
Advising parents or siblings of the deceased who may be the next-of-kin entitled to inherit the estate in the absence of a spouse or children.
Parents & Siblings
Other Next of Kin
Assisting other relatives, such as grandparents, aunts, uncles, or cousins, to understand their potential entitlements under the order of succession.
Other Next of Kin
Those Unfairly Provided For
Representing eligible persons who have received inadequate provision under the strict rules of intestacy and wish to make a Family Provision Claim.
Those Unfairly Provided For
Our Specialised Intestacy Law Services
Intestacy Advice & Guidance
We provide clear advice on the NSW rules of intestacy, helping you understand who is entitled to inherit and in what order.
Letters of Administration Applications
We expertly manage the application to the Supreme Court for Letters of Administration, securing you the legal authority to administer the estate.
Family Provision Claims
We represent eligible persons who have been inadequately provided for under intestacy rules and wish to make a claim for a fairer share.
Speak to us Now or Request a Consultation.
Our Process for Intestate Estates
1
Consultation & Entitlement Assessment
We start by assessing the family situation, identifying the rightful beneficiaries under the rules of intestacy, and advising on who should be appointed Administrator.
Consultation & Entitlement Assessment
We start by assessing the family situation, identifying the rightful beneficiaries under the rules of intestacy, and advising on who should be appointed Administrator.
2
Preparing the Court Application
Our lawyers prepare all documents required by the Supreme Court to apply for a Grant of Letters of Administration, including evidence of the family tree.
Preparing the Court Application
Our lawyers prepare all documents required by the Supreme Court to apply for a Grant of Letters of Administration, including evidence of the family tree.
3
Lodging the Application
We manage the entire lodgement process on your behalf, including publishing the required online notice and filing the application with the Supreme Court.
Lodging the Application
We manage the entire lodgement process on your behalf, including publishing the required online notice and filing the application with the Supreme Court.
4
Securing Letters of Administration
We handle any communication with the court and receive the formal Grant of Letters of Administration, providing you the legal authority to finalise the estate.
Securing Letters of Administration
We handle any communication with the court and receive the formal Grant of Letters of Administration, providing you the legal authority to finalise the estate.
Rated 5-Star By Our Clients
Why Clients Choose Us
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in navigating the NSW rules of intestacy and managing intestate estates.
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in navigating the NSW rules of intestacy and managing intestate estates.
Clear, Compassionate Guidance
We provide clear, plain-English advice about your entitlements and responsibilities, offering compassionate support during a difficult and confusing time.
Clear, Compassionate Guidance
We provide clear, plain-English advice about your entitlements and responsibilities, offering compassionate support during a difficult and confusing time.
Efficient Court Applications
We specialise in preparing and lodging applications for Letters of Administration, ensuring the process is handled efficiently to avoid unnecessary delays.
Efficient Court Applications
We specialise in preparing and lodging applications for Letters of Administration, ensuring the process is handled efficiently to avoid unnecessary delays.
Focus on a Lawful Resolution
Our goal is to ensure the estate is administered and distributed correctly and lawfully, protecting the Administrator and providing certainty for all beneficiaries.
Focus on a Lawful Resolution
Our goal is to ensure the estate is administered and distributed correctly and lawfully, protecting the Administrator and providing certainty for all beneficiaries.
Speak to us Now or Request a Consultation.
What Happens When There is No Will?
When a person dies without a valid Will, their estate is considered ‘intestate’. This means their personal wishes are not legally recorded, and the distribution of their assets is not up to the family to decide. Instead, the estate is divided according to a strict legal formula set out in the NSWÂ Succession Act.
This predetermined formula dictates who is entitled to inherit and in what order of priority. Without a Will, you have no control over who receives your assets, which can lead to unintended and often distressing outcomes for your loved ones.
Navigating the Rules of Intestacy
The NSW rules of intestacy establish a clear hierarchy for inheritance. A surviving spouse or de facto partner is first in line, often inheriting the entire estate. If there is no spouse, the estate passes to children, then parents, siblings, and so on through the family tree.
However, situations involving blended families, multiple partners, or estranged relatives can make applying these rules incredibly complex. Correctly identifying every eligible beneficiary and their precise share requires a thorough understanding of the law to avoid errors and disputes.
The Role of the Administrator
Since there is no Will, there is no appointed Executor. To manage an intestate estate, the Supreme Court must appoint an ‘Administrator’ by granting a court order known as Letters of Administration. This is typically the person with the greatest entitlement, such as the surviving spouse.
The Administrator has the same legal duties as an Executor: to collect assets, pay debts, and distribute the estate. This is a significant legal responsibility, and acting without the formal authority of Letters of Administration can lead to personal liability.
Disputing an Unfair Intestacy Outcome
The rigid formula of intestacy can sometimes lead to unfair results, leaving a dependent family member with inadequate provision. Even without a Will, an “eligible person” (like a spouse or child) still has the right to make a Family Provision Claim to the court.
This allows them to contest the distribution dictated by the intestacy rules and ask the court for a larger share of the estate to meet their financial needs. Navigating such a claim requires expert legal advice to demonstrate that the legislated formula has resulted in an unjust outcome.
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How Can Our Expert NSW Wills & Estate Lawyers Help?
Wills Drafting & Review
Crafting & updating clear, legally sound Australian wills to ensure your specific wishes for your domestic assets are documented & protected & more…
Wills Drafting & Review
Domestic Estate Planning
Developing tailored Australian estate plans to safeguard domestic assets, minimise tax, & provide for your loved ones effectively & more…
Domestic Estate Planning
International Estate Planning
Expert advice on cross-border estate planning, international wills & trusts, managing overseas assets & navigating tax-efficient wealth transfer strategies & more…
International Estate Planning
Challenging a Will
(Validity Issues)
(Validity Issues)
Expertly challenging the validity of a will based on grounds like undue influence, lack of testamentary capacity, suspicious circumstances, or fraud & more…
Challenging a Will
(Validity Issues)
Contesting a Will
(Family Provision Claims)
(Family Provision Claims)
Assisting eligible persons to contest a will for adequate provision under the Succession Act 2006 (NSW), navigating negotiations & court claims for a fair share & more…
Contesting a Will
(Family Provision Claims)
Defending a Will
Representing executors & beneficiaries in defending the validity of a will against challenges or defending against family provision claims & more…
Defending a Will
Grant of Probate
Guiding Executors through the Supreme Court process to obtain a Grant of Probate, which officially validates the Will and authorises them to act.
Grant of Probate
Appointment of Enduring Power of Attorney
Preparing essential enduring powers of attorney to appoint trusted individuals for your critical financial & legal decisions if you lose capacity & more…
Appointment of Enduring Power of Attorney
Appointment of Enduring Guardian
Drafting appointments of enduring guardians to make crucial personal, lifestyle & healthcare decisions on your behalf if you’re unable & more…
Appointment of Enduring Guardian
Testamentary Trusts
Establishing effective testamentary trusts within your will for asset protection, tax benefits, and flexible provision for beneficiaries & more…
Testamentary Trusts
Intestacy Law & Advice
Guiding families through the complexities of intestacy when a loved one dies without a valid will, ensuring legal distribution of assets & more…
Intestacy Law & Advice
Letters of Administration
Resolving disputes between executors, administrators, or beneficiaries regarding the management & administration of a deceased estate & more…
Letters of Administration
Administration of Estate
Assisting Executors with the administration of deceased estates, ensuring the lawful and efficient collection, management, distribution of assets & more…
Administration of Estate
Advance Care Directive
Drafting clear and legally sound directives to outline your future medical treatment and end-of-life care wishes & more…
Advance Care Directive
Special Disability Trusts
Establishing specialised trusts to provide for the long-term care and financial security of a loved one with a severe disability & more…
Special Disability Trusts
NSW Intestacy FAQs
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 lawyer 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.
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