If a person dies without having made a proper or valid Will, that person dies “Intestate”.
There are often questions about what happens and who is responsible to deal with issues as a consequence of someone not having a Will and dying intestate. For example:
The deceased person’s wishes about how he or she wants the Estate to be distributed will not be known;
There is no “Executor” appointed to carry out the deceased’s wishes. It is necessary for (usually the next of kin) to apply to the Court for “Letters of Administration” instead of applying for “Probate”. Obtaining Letters of Administration may be more complex and more expensive than obtaining a Grant of Probate.
The relevant South Australian legislation sets out what happens to the Estate and how it is to be distributed. This can be quite different from the Testator’s wishes, which will only be carried out under the terms of a valid Will.
Under Intestacy (i.e. without a Will) the Administrator must also report to the Public Trustee as to his or her Administration of the deceased’s Estate, which adds a layer of expense to the process of finalising an Estate.
See one of our Adelaide Lawyers or Modbury Lawyers at White Berman Ryder for advice regarding all matters relating to Wills and Estate Planning. Contact us now to make a no obligation appointment.