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MGE Lawyers

Wills & Estates

Intestacy

Understanding how an estate is distributed when there is no valid will.

What's happening?

What could it mean for me?

  • A spouse, partner and children may each be entitled to a share of the estate depending on the family structure
  • A partner who was not married and not in a recognised de facto relationship may not automatically inherit under intestacy
  • Distribution can become complex where there are multiple relationships, stepchildren or estranged family members
  • The process for administering an intestate estate involves applying for letters of administration

What are my options?

  • Obtain advice on how the intestacy rules would apply to a particular family situation
  • Apply for letters of administration to formally administer the estate
  • Consider whether a family provision claim may be relevant if the intestacy outcome does not adequately provide for you

What happens next?

  • We assess the family relationships relevant to the estate
  • We advise on how the intestacy rules apply to the specific circumstances
  • We assist with the letters of administration application if required
  • We advise on any potential family provision claim if the outcome under intestacy may not adequately provide for an eligible person

How can MGE Lawyers help?

Common questions

Intestacy — frequently asked questions

Speak with a lawyer about your matter

Every matter is different. Tell us briefly what has happened and we will explain your options in plain English.

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