State role in intestacy
If I die without a will, does my estate automatically revert to the State?
Thank you for your question. If a person dies without a
valid Will, they are deemed to have died intestate. In those circumstances, a
list of beneficiaries of the estate will be determined by the statutory scheme
of intestacy in each State. Usually the estate will pass to spouse, children,
siblings, parents, grandparents, aunts, uncles, first cousins. If you do not
have any remaining next of kin in these categories then your estate will pass
to the State.
Even if it did pass the the State an eligible person might be able to contest
the distribution of intestacy through a family provision claim, like they would
if they have been excluded or inadequately provided for under a Will.
Suggested way forward
You should ensure that your wishes are documented in the form of a valid Will so as to avoid difficulties after death. Feel free to contact me for an obligation free chat.
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