
When you pass away, if you have left a will, your estate and your assets will be distributed in accordance with the terms of the will, barring any potential family provisions application that is made with respect to your estate. Once your nominated executors have applied for Probate from the Registry of the Supreme Court of New South Wales and the probate has been granted to them, they will attend to the practical requirements to distribute your estate to your nominated beneficiaries.
If you do not leave a will, then your estate and assets will be distributed in accordance with the relevant provisions of the Succession Act. While this conceptually is reasonably straightforward, it can potentially lead to outcomes which are perceived by the relevant beneficiaries as being unreasonable given each person’s financial and non-financial circumstances, experiences and relationship with the deceased.
The order of provision of a deceased person who does not leave a will (being referred to as dying intestate) is as follows, per the relevant provisions of the Succession Act:
- A spouse of the deceased, including a de facto spouse who survives the deceased by at least 30 days;
- If there is no spouse or de facto spouse who survives the deceased by at least 30 days, then any children of the deceased who survive the deceased by at least 30 days;
- If there is no spouse or children of the deceased who survives the deceased by at least 30 days, then parents of the deceased who survive the deceased by at least 30 days;
- If none of the above have survived the deceased by at least 30 days, then siblings of the deceased who survive the deceased by at least 30 days;
- If none of the above have survived the deceased by at least 30 days, then any grandparents of the deceased who survive the deceased by at least 30 days;
- If none of the above have survived the deceased by at least 30 days, then any aunts and uncles of the deceased who survive the deceased by at least 30 days; and
- If none of the above have survived the deceased by at least 30 days, then the State of New South Wales will inherit the entirety of the estate.
For more information or assistance with your Wills Matter, please contact our office on 1300 557 819 or admin@cityprosecutor.com.au