Since 1977, PK Simpson has been helping families across NSW navigate intestacy matters and family provision claims. With over 25,000 successful cases, our experienced contested wills lawyers understand the complexities of intestate estates and how to protect your entitlements when a loved one dies without a will.
What Happens When Someone Dies Without a Will?
When a person dies intestate (without a will), the deceased’s estate will be divided according to statutory provisions.
The laws differ from state to state, depending on the next of kin. In NSW for example, where the deceased left a spouse and children to that spouse, the spouse receives the entire estate, whereas where the children are from a previous relationship, the spouse receives all personal effects, a statutory legacy of $350,000 adjusted, and half the remainder (if any), with the children taking the other half in equal shares.
These intestacy rules are set out in Chapter 4 of the Succession Act 2006 (NSW). The $350,000 statutory legacy amount is adjusted periodically for inflation. Our Surry Hills, Sydney lawyers serve clients across NSW including Sydney, Parramatta, Newcastle, and Wollongong, helping families understand their intestacy entitlements.
The Problems with Intestacy Laws
The disadvantages of this are obvious; the statutory scheme fails to take into account the individual circumstances of relationships between the deceased and their family members. For example, if there has been a falling out between members of the family, this will not be considered, and any wishes of the deceased will not be taken into account.
Can You Challenge Intestate Distribution?
Often when a person dies intestate, people close to the deceased, such as a de facto partner, may be left without any provision. If you believe you have not been adequately provided for, you may be able to make a claim for a Family Provision Order. Call us today on 1300 757 467 to talk to one of our experienced contested wills lawyers about filing a claim. We offer a No Win – No Fee Service for contesting wills, believing that all Australians should have access to legal representation.
Under the Succession Act 2006 (NSW), family provision claims must be made within 12 months of the deceased’s death. This strict deadline applies whether or not a valid will exists. Early legal advice is crucial, as our estate disputes team can assess your eligibility and gather necessary evidence before the deadline expires.
Protecting Your Own Family: The Importance of a Valid Will
It is also very important to ensure that you have a valid will, and that your family members know where it is located, or else your wishes may not be carried out upon death. Call us today to get valuable advice – 1300 757 467
Our executors and probate lawyers can also assist with administering intestate estates, obtaining Letters of Administration, and managing the complex legal requirements when someone dies without a will in NSW.
Since 1977, PK Simpson have been helping the people of Australia get the compensation they are entitled to. PK Simpson have the skills and experience to make sure you are successful.
For expert advice on intestacy and family provision claims in NSW, contact PK Simpson today on 1300 757 467 for a free consultation.