Intestacy definition
What does it mean to die intestate?
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.
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