Intestacy

In relation to succession in Australia, the law varies depending on 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:

  • The wife of the deceased or the de-Facto partner of the deceased;
  • Children of the deceased;
  • Brothers of the deceased;
  • Parents of the deceased; Or
  • Grandparents of the deceased

If any of the above persons do not apply to become an administrator, then any other person can apply.

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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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