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An individual usually makes a will to distribute their assets after their death. However, if a will is absent or lacks clarity, you need to find an intestate lawyer in Perth who will advise which family members are legally entitled to what part of the estate. In this blog, we will discuss the order in which the Supreme Court of Western Australia decides the property distribution of an intestate’s estate.
According to the Administration Act 1903 (WA), intestacy applies when there is no will, the will is invalid or has unclear clauses. Any asset whose ownership is not decided by the deceased individual through their will falls subject to the intestacy laws Perth. The order of asset distribution, as followed by the Supreme Court of Western Australia, is elaborately discussed below:
The foremost priority is given to the spouse of the deceased. In the case of a de facto partner, you will have to meet certain requirements under WA laws to be eligible for this priority.
If the total value of the property up for intestate is below $472,000, your de facto partner or spouse will be entitled to the whole share of the estate. The cap of $472,000 doesn’t apply when the deceased doesn’t have children or parents, resulting in the recognised partner gaining ownership of all the assets of the deceased.
The children of the deceased can inherit the intestate’s assets and act as the second priority. According to Perth intestacy legal advice, they are distributed differently in the following situations:
The remaining residue value of the estate is then distributed between the spouse (or de facto partner) and the children. The legally recognised partner will get one-third of the remaining estate. The remaining 2/3rd will be divided among the children.
If the deceased has no spouse, de facto partner, siblings or children, the parents get the next right of entitlement to the whole property. However, with the presence of a spouse (or de facto partner) or siblings, the circumstances can get a bit complicated. Hence, the process of Perth intestacy estate distribution, adhering to different situations, is explained below:
Then the residual estate value is divided between the parents and the siblings equally. The share that is allocated to siblings is further divided according to the number of siblings. If any sibling has died, that share of property will be passed on to the sibling’s children recognised by the law.
If the deceased does not have a spouse, de facto partner, children or parents, their siblings can assert intestacy claims Perth on the whole intestate property of the deceased. That property will be equally divided by the number of siblings. In case any of the siblings have died, it will be passed on to their children.
If the deceased has no spouse, children, or siblings and their parents have died, then their grandparents will be eligible to obtain the whole intestate property. According to deceased estate lawyers in WA, the shares will be divided equally between their grandparents if both are alive.
If none of the relations stated above are applicable in the deceased individual’s situation, their whole intestate property will be transferred to their uncle or aunt as a final resort. If the deceased individual has more than one uncle or aunt, the intestate property will be divided equally. If any of the intestate’s uncles or aunts are not alive, then that share of the property will be passed down to their children or the intestate’s first cousins.
If none of the following situations explained above applies, then the intestate estate of the deceased individual is passed to the State of Western Australia, also known as Bona Vacantia. Once it’s classified under Bona Vacantia, the State may collect and administer the assets or sell them as per its discretion. So, to prevent this scenario, consulting the best deceased estate lawyers Perth is recommended to determine your legal entitlement under the intestacy rules.