AREAS OF PRACTICE
Deceased Estates
WHAT HAPPENS IF I DON'T MAKE A WILL?
A person who dies without having made a valid Will is said to have died intestate.
The Succession Act, which affects any person who dies intestate or partially intestate after 1 March 2010 has brought about a significant change to previous intestacy law. The significant change is that when a person dies intestate, the preferred person entitled to receive his or her estate is the intestate's spouse. If their are no persons entitled, the estate passes to the State as bona vacantia (that is, property which does not have an owner).
The Succession Act has expanded the definition of "spouse" to include not only a person married to the intestate immediately before the intestate's death, but also a person who was in a domestic partnership immediately before the intestate's death.
The order in which person's entitled share in the deceased's estate depends upon them surviving the deceased by 30 days, this period of time applies in all cases as set out in Parts 4.2 and 4.3 of the Succession Act. It should however be noted the the expression "domestic partnership" includes a "de facto relationship". Under the Succession Act, this means that persons who were in a "domestic relationship" for a continuous period of not less than 2 years immediatley prior to death, or resulted in the birth of a child (this includes children born within nine months of the death of the intestate and survived 30 days), are defined in the Succession Act as a spouse.
To avoid any confusion, get a Will.
" Thinking about making a Will doesn't speed up death"
This publication is provided by Higgins Lawyers to its clients for their information on a complementary basis. It represents a brief summary of the law applicable as at September 2011 and should not be relied on as a definitive or complete statement of the relevant laws. Readers should not act or rely on this information without first seeking our professional advice concerning their particular circumstances.
