Updated 1 Jan 2021
Intestacy occurs where the deceased leaves no will. Dying without a will (intestate) can add a lot more grief for family (and/or friends) left behind.
In such circumstance, someone, (generally the next of kin) is required to lodge an application to the Supreme Court for appointment of letters of administration so that any property left by the deceased can then be distributed in accordance with the law of the State or Territory where the person died.
Being Intestate in N.S.W.
In New South Wales, appointment of letters of administration is carried out by an application to the Supreme Court and in accordance with the Practice Directions.
The law of intestacy is dealt with under Part 4 of the Succession Act 2006 and largely deals with the entitlements of spouses and distribution among relatives such as parents, brothers and sisters, children, aunts, uncles and grandparents.
If you have a question regarding proceedings in respect of the property of a deceased relative that has not left a will, don’t hesitate to contact us and let Proctor & Associates look after the matter for you.