Intestacy

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Intestacy is the condition of the estate of a person who dies owning property greater than the sum of their enforceable debts and funeral expenses without having made a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate, the remaining estate forms the "Intestate Estate."

Intestacy law, also referred to as "the law of descent and distribution" or "intestate succession statutes", refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance. In Australia Intestacy laws vary from state to state.

Relevant Legislation: Intestacy

Is there a distinction between total and partial intestacy?

Definition of "spouse"

Definition of domestic partner or de facto relationship

Distribution where there is a surviving spouse but no issue

Where there is surviving spouse and surviving issue who are also descendants of that spouse

Spouse's entitlement to personal effects where intestate is survived by spouse and issue who are issue from another relationship

Statutory legacy for surviving spouse where intestate is survived by spouse and issue who are issue from another relationship

Right of election given?

Defining the property

Procedure for election

Time for election

Valuation procedure

Transfer value

Satisfying the value of the interest