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In relation to succession in Australia, the law varies depending on the state or region. Rules that determine succession are known as rules of Intestacy. A person who dies intestate is a person who dies without leaving a legitimate will. This can also occur if the deceased leaves a valid bill, but divorces or divorced before his death, or if the Will gets damaged.
In those circumstances, the property goes to near relatives according to a special statutory order prescribed by law. In order to manage the property of the deceased, the eligible person will need to apply for the administration letter.
How does it work?
Application for the letter of administration can be done by any of the following persons:
If any of the above persons do not apply to become an administrator, then any other person can apply.
Proposed administrators for the application will need to demonstrate that the deceased has left a property in Western Australia but has not left any legitimate will, and the appointment of the persons entitled and the consent of the proposed Administrator for the administration (beneficiaries) entitled.
An affidavit administered by the proposed Administrator for the application should also include the statement of assets and liabilities of the property.
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An intestacy lawyer in Perth helps families when someone dies without a will. They guide clients through legal processes, identify rightful heirs, manage estate distribution, and resolve any disputes to ensure the estate is handled correctly. For expert support, Hire Deceased Estate Lawyers in Perth for a smooth and stress-free process.
When someone in Perth dies without a will, intestacy laws decide who inherits their property. Typically, assets go first to a spouse or children, then to other close relatives if none exist. This legal process may not match the person’s wishes, so creating a will is important to ensure your estate is distributed the way you want.
When a person passes away without leaving a will, their estate is distributed according to intestacy rules. To manage the estate, you must apply for Letters of Administration at the local probate court. The process involves submitting an application, providing the death certificate, and proving your relationship to the deceased. Once granted, you can legally handle the estate.
In Perth, if a person dies without a valid will, their estate is shared according to intestacy rules. Typically, a spouse, children, or parents inherit first. If there are no close family members, more distant relatives like siblings, nieces, nephews, or grandparents may receive a share. The exact distribution depends on who is still alive.