Intestacy Laws

A Will is a legally binding document that explains how you wish for your estate to be distributed when you die. If you die without a Will (or pass away with an invalid will), it is known as dying intestate, and laws of intestacy apply.

How are assets distributed then?
The most important thing to understand is that if you die intestate, your estate will be distributed under a standard formula set out by state government law. The formula varies slightly between state and territory, but generally, in absence of a Will, your assets will be distributed by default to your family (perhaps not according to your wishes).
If you have no partner or children then all the estate goes first to:
• parents
• then siblings
• then grandparents
• then uncles and aunts
• then cousins.
The estate does not pass to the government unless there are no living relatives.

What about domestic partners?
A domestic (or de facto) relationship is when two people are not married but live together or have lived together as a couple on a genuine domestic basis. The same laws apply to same-sex couples as to heterosexual (different-sex) couples. You need to have lived in a domestic or de facto relationship for two years, or have a child together, or have formally registered your relationship before your partner can benefit from your estate if you die without a Will.

The safest way to make sure your partner gets what you want them to inherit from your estate is to make a valid Will.

If you would like to prepare a Will, Straits Lawyers are now offering an online package for Advance Care Directives and Wills. Simply purchase our package via this link: https://straits-lawyers.square.site/product/will-and-advance-care-directive-package-/13

Alternatively, you can email us at info@straitslawyers.com or call at 08 8410 9069 to arrange an appointment.

Please note that this article does not constitute legal advice.