When there's no Will

Has someone died intestate without leaving a Will?

A Will attorney may be required in these circumstances. The main thing to understand is that you can’t assume anything about who gets what.
Don’t assume that a wife, husband or de facto will automatically inherit on the death of their partner; unfortunately it’s just not that simple.

An example of what intestacy can mean

If a married person dies intestate, the spouse gets any personal or household articles, but only the first $472,000 of the balance of the estate, and one third of the balance after that. Two thirds of the balance goes to the children.

If it’s more complicated than that – for example, someone dies leaving a husband/wife and one or more of a parent, brother or sister, or child of a brother or sister, but leaving no child – then the intestacy rules get more complicated too.

Click here to find out more about intestacy entitlements.

What do you do when someone you know dies without leaving a Will?

If there’s no Will, there’s no-one with the authority to deal with the person’s affairs.

So one or more members of the deceased’s family can apply to the Supreme Court for a Grant of Letters of Administration. This shows that the Supreme Court is satisfied that the person named in the Grant has the authority to administer the estate.

The Court will issue a Grant of Letters of Administration to you if it is satisfied that:

  • the deceased died intestate
  • you’re the only eligible person to administer the estate or that other eligible persons have consented to your application
  • you undertake to administer the estate according to the laws of intestacy
  • you have sworn to the value of the assets and liabilities of the estate.

Our Will attorney can help you with intestacy issues

If you’re dealing with an intestate problem, where someone has died without leaving a Will, we can help and advise you on the best way to handle it.

For information, support and advice on dealing with intestacy, call us on (08) 9409 6300 or click here to email Haynes Leeuwin in Perth

Make sure you don’t die intestate

By having a Will, you make sure your wishes are carried out correctly and in full after your death. Your loved ones won’t have any of the problems caused by intestacy, and you’ll have the peace of mind that comes with knowing they won’t have additional heartache when you’re not around to help them.

Click here to contact us for information and advice about making a Will.