Intestacy Law Lawyers Sydney NSW

What does “dying intestate” mean?

Dying intestate means a person has passed away without leaving a legally valid Will. When this happens, their estate is distributed according to a strict legal formula set out in New South Wales law.

What are the rules of intestacy?

The rules of intestacy are set out in the Succession Act 2006 (NSW). They determine who is entitled to inherit a deceased person’s estate, and in what order of priority, when there is no valid Will.

Who inherits the estate if someone dies intestate?

The order of inheritance is prescribed by law. A surviving spouse or de facto partner is the primary beneficiary. If there is no spouse, the estate passes to children, then parents, then siblings, and further through the family line.

What are Letters of Administration?

Letters of Administration is a court order from the Supreme Court of NSW that appoints an Administrator with legal authority to manage and distribute the estate of a person who has died without a Will.

Is Probate different from Letters of Administration?

Yes. Probate confirms the validity of a Will and authorises an Executor to act. 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 under the intestacy rules—such as a surviving spouse or adult child—is eligible to apply to the court to be appointed as Administrator.

Do you always need Letters of Administration if there is no Will?

Not always. For very small estates or where assets were jointly owned, it may not be required. However, to deal with real estate or significant assets, a formal Grant of Letters of Administration is usually necessary.

My partner died without a Will. Do I inherit everything?

If you were the deceased’s only spouse or de facto partner and all children were also your children, you will generally inherit the entire estate.

What happens if my partner had children from a previous relationship?

In this situation, the surviving spouse is entitled to the deceased’s personal effects, a statutory legacy, and half of the remaining estate. The other half is shared equally among all of the deceased’s children.

Do step-children inherit in an intestacy?

No. Step-children do not automatically inherit under the rules of intestacy unless they were legally adopted by the deceased.

What are the duties of an Administrator?

The Administrator must identify and collect estate assets, pay debts and taxes, and distribute the remaining estate strictly in accordance with the intestacy rules.

Is there a time limit to apply for Letters of Administration?

Yes. In NSW, an application should generally be made within six months of the date of death. A later application requires an explanation to be provided to the court.

Can the rules of intestacy be disputed?

Yes. An eligible person who believes the intestacy rules do not make adequate provision for them may bring a Family Provision Claim seeking a greater share of the estate.

How long does dealing with an intestate estate take?

The process can take longer than estates with a Will. Identifying eligible relatives and obtaining Letters of Administration can take several months to over a year, depending on complexity.

Is property owned as joint tenants affected by intestacy?

No. Property held as joint tenants automatically passes to the surviving owner and does not form part of the estate under intestacy rules.

What about property owned as tenants in common?

The deceased’s share of property owned as tenants in common does form part of the estate and is distributed according to the rules of intestacy.