What happens if someone dies without a Will?

If someone dies without a Will it means they have died “intestate.” The law of intestacy will then determine how the deceased’s property is distributed. This includes any bank accounts, property, and other assets owned at the time of death.

An application for a Grant of Representation (without a Will) will need to be made to the Supreme Court so that your estate assets can be dealt with. In order for this application to be made, you need to determine who is going to act as the Administrator, this would usually be a spouse or child of the deceased.

What happens if someone dies without a Will and does not have a spouse or children?

If the deceased did not have a spouse and does not have any children, in usual circumstances, a surviving parent/parents would act as administrator. Otherwise it might be a sibling that applies to the Court. If the deceased has no children and no surviving parents at the time of death, then the entire estate will be divided among siblings, in equal parts. If the deceased has children but no spouse, then their entire estate generally will go to the children, in equal shares. For more information contact us at Wollerman Shacklock on 9707 1155.