My relative died without a valid Will. What should I do?
The intestacy laws list out who is to receive the proceeds of a deceased person’s estate when they died without a valid Will. There are various levels of entitlements and they can become quite complicated when a deceased died leaving a spouse as well as children.
Generally, the person who has the right to receive the proceeds of a deceased person’s estate pursuant to the intestacy rules is the person who can apply for a Grant to administer the deceased person’s estate.
Letters of Administration (Intestacy)
Letters of Administration (Intestacy) is the type of Grant applied for when a deceased person died not having made a Will. The person who has the largest entitlement pursuant to the intestacy laws is the person who has the right to apply as administrator of the estate.
A Grant is not always required. Accordingly, you should obtain professional advice as to whether a Grant is required.
If a relative has passed away without a valid Will, please contact one of our Estates Team solicitors on 1300 HATZIS (1300 428 947) or email us at firstname.lastname@example.org.