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When someone passes away without leaving a valid will, the situation can quickly become complicated. When this happens, their property is then allocated under the laws of intestacy in Western Australia. In that event, their estate is distributed by the laws of intestacy in Western Australia. It can be legally complicated, so it is highly advisable to seek the services of an intestate lawyer in Perth to forestall delays and disputes.
If a person near you is handling a deceased estate without a will, then it’s wise to know how intestacy functions and its effect on beneficiaries.
Intestacy applies when someone passes away without a valid will. This is to say, they have not specified who is to inherit their property after death. Consequently, the estate of the deceased is disposed of based on a pre-set legal formula in the Administration Act 1903 (WA).
A lawyer for intestacy assists families to go through this process while making sure that all the legal procedures are undertaken and that the estate is dealt with as quickly as possible.
Rules of intestacy in Western Australia set out who is to inherit in a predetermined order of priority. The primary beneficiaries usually comprise:
As an example, when the deceased is leaving behind a spouse and children, the spouse may have a statutory legacy and portion of the residuary estate, with the balance assigned to the children. In case there are no close relatives, then it can be transferred to the state.
This hierarchy is important to know, especially when family relations are difficult or complicated. An experienced Deceased Estate Lawyer in Perth can help interpret the law and deal with vying claims.
De facto partners are recognised under WA legislation, but the existence of a de facto relationship may be hard to prove without explicit evidence. Considerations involve:
Where there is no will, the partner could be forced to establish the relationship through the court to secure any inheritance of the estate. It is at this stage that expert advice from an expert intestate Lawyer in Perth is essential.
Intestacy frequently creates unforeseen effects, such as:
Hiring an intestacy lawyer avoids mistakes, assures compliance with the law, and removes any disputes effectively.
If there is no will, an individual, most often a family member, needs to seek letters of administration from the Supreme Court of Western Australia. Once they have been awarded, they are then lawfully empowered to administer the estate of the deceased. Their duties include:
If you feel you have been unfairly excluded or insufficiently provided for, you can contest the distribution under the Family Provision Act 1972 (WA). This is even the case in intestacy.
A court will look at your relationship to the deceased, financial requirements, and prior contributions to the estate. Challenging such an issue can be delicate, and thus, it is crucial to seek a Deceased Estate Lawyer in Perth to establish the potency of your claim.
The most effective means of preventing the problems of intestacy is by having a valid will in place. A valid will:
Death without leaving a valid will may cause disorientation, delay, and pain. The Western Australian law of intestacy is defined by a strict legal structure, which may not be in harmony with the intentions of the deceased person. In order to ensure that things run smoothly, one should consider using an intestate lawyer in Perth.
If you are handling the estate of a loved one who died intestate, do not handle the process on your own. Call Deceased Estate Lawyers Perth, WA, today and have professional guidance as you take charge of the legal process with confidence.