A member asked almost 9 years ago

State role in intestacy

If I die without a will, does my estate automatically revert to the State?

Sandy  Rizkallah
Principal at Amicus Lawyers

Thank you for your question. If a person dies without a valid Will, they are deemed to have died intestate. In those circumstances, a list of beneficiaries of the estate will be determined by the statutory scheme of intestacy in each State. Usually the estate will pass to spouse, children, siblings, parents, grandparents, aunts, uncles, first cousins. If you do not have any remaining next of kin in these categories then your estate will pass to the State.

Even if it did pass the the State an eligible person might be able to contest the distribution of intestacy through a family provision claim, like they would if they have been excluded or inadequately provided for under a Will.


Suggested way forward

You should ensure that your wishes are documented in the form of a valid Will so as to avoid difficulties after death. Feel free to contact me for an obligation free chat.

Answered over 8 years ago   Legal disclaimer

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