A member asked almost 9 years ago

Intestacy definition

What does it mean to die intestate?

Christie Gardiner
Lecturer of Law at Australian National University

To die intestate means that the deceased:

(a) did not leave a will; or

(b) left a will, but the will itself did not effectively dispose of all of the assets of the estate.


The consequence being that the residuary estate (i.e. whatever remains undisposed of) will be distributed in accordance with a scheme of distribution set out under the relevant legislation: for instance, see Part 3A of the Administration and Probate Act 1919. Similar provisions exist in all other Australian States and Territories.

Answered over 7 years ago   Legal disclaimer

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