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The Deceased Estate with No Will

When a person dies without leaving a will or has a will that fails to deal with all of the property to be effectively disposed, it is considered that they have died intestate. For centuries there have been rules that deal with the property left by a person who dies intestate, these rules are based upon kinship and proximity.

Kinship, Proximity & the Deceased’s Estate

The closer a person is within the kinship chain the greater entitlement that they have to the property to be distributed. In Australia these century old rules, which stem back to the Statute of Distribution which was enacted in England in 1670, have been followed and are enacted within the respective state based Succession Act.

As closer kinships rule out remote kinships there is a pecking order as to who the property is distributed to. The following highlights the order in which an intestate’s property will be distributed:

  • Spouse/Children
  • Parents
  • Brothers, Sisters, Nephews & Nieces
  • Grandparents
  • Uncle’s, Aunts, & Cousins
  • The Crown

Should at the time the intestate dies, he still has a surviving spouse and child or in fact children, then the property will be equally divided between them. The order of distribution for the intestates property only comes into issue should the intestate not have a spouse or child that survives them. Much of this law is also covered within Family Provision legislation.

Get a Will & Protect Your Estate

While many people fail to leave a will when they die, the distribution of property order shows that there is a long list of people who can ultimately share in the residuary estate. By failing to have a carefully planned will people effectively have no say in how their property will be disposed of after their death. The making of a will is a simple process and will limits family disputes about who should and should not receive property from your estate.

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5 Comments to “The Deceased Estate with No Will”

  1. Maddy says:

    Kindly provide me with the draft agreement for distribution of estate of deceased.


    michelle gunn gave me her papers before she died ,leaving her home to me saying I wont you to have them . I didn’t realise till 11 months arfter wards .I still have her gift ,but my title for my new unit was collected an passed of as if it belonged to michelles home . so now iam in new unit with no title ,an a gypsy in the home that I do have title to . I need to get rid of the imposter ,an my title back . should I go strait to suprem court /or?

  3. If the decadence’s estate does not consist of will the distribution of property is not effectively done. The property may be distributed to the wrong persons. The correct documentation of will remunerates the decedent’s family with proper distribution of property.

  4. Sonia Mellon says:

    Could someone please contact me in regards the deceased estate of my father. I need advise as to how I can get my fathers ashes and death certificate from my Aunty. She will not allow me to have anything to do with where he will be laided to rest
    Sonia Shelley

  5. jan calnan says:

    dose anybody know if you really need a barrister—– if a will is lost and we can prove that we are the recipients with a copy only?

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