Suite 16, Ground Floor, 10 Victoria Avenue, Perth WA 6000
If a person passes away without leaving a valid Will, their property is distributed according to the law involving intestacy in Western Australia. It is referred to as intestate succession and may impact how much money each member of their family gets, despite this not being what the deceased individual desired.
Knowing these rules is essential, particularly when feelings are high and vision is poor. Having guidance from professional estate planning lawyers in Perth can make it simple and binding by law.
If someone passes away without having a valid will or with an invalid will that does not cover all their property, then they died intestate in WA. The estate is shared on a set formula in these circumstances according to the Administration Act 1903 (WA).
The legislation lays down a series of rules of inheritance and is not dependent on personal relationships or offhand comments about what is desired.
The intestacy rules in WA identify the beneficiaries of the inheritance and what they receive. The laws work solely under legislation, ignoring personal will or spoken agreements. This is the procedure:
If the deceased is left behind by a partner or de facto spouse, they are usually first in line. Their entitlement is, however, subject to other relatives being alive, i.e., children or parents.
In cases where there are children, the estate usually divides between the children and the partner. For instance, a spouse can get a statutory legacy, and the residuary estate is divided between the children.
When an individual has no wife or children, their estate passes on to other relatives in a particular order. They are the parents, brothers and sisters, nephews and nieces, grandparents, aunts and uncles, and then the cousins.
Where there are no eligible relatives, the estate passes on to the State of Western Australia. This is known as bona vacantia, where the Crown takes inheritance.
De facto partners can inherit, but only if the arrangement satisfies strict legal criteria. This vagueness is dispensed with by harking back to experienced estate lawyers Perth who can ascertain the right based on documentation and proof.
Stepchildren do not have the right to inherit on intestacy unless they are legally adopted by the deceased.
Suppose the individual was dependent on the deceased person financially, but is not a beneficiary under the will. In that case, they can be eligible to make a Family Provision Claim before the Supreme Court of WA. Such claims must be made within six months from the date of the administration being granted.
Professional legal consultants in estate planning Perth can determine if such a claim can be made and guide dependents through the procedure involved.
If the person has no will, a near relative, most likely a spouse or adult child, can petition the court for Letters of Administration. The person who is responsible for doing this task is responsible for marshalling assets, paying debts, and dispersing the estate.
The role of the administrator is the same as that of an executor under a valid will. Due to the technicalities involved, the majority of families seek estate planning lawyers in Perth to undertake this exercise.
Although the rules of intestacy WA provide protection of the estate distribution, they fail to account for unusual family arrangements, blended families, or close friends. Some examples are:
The most effective way to ensure your property goes to the individuals and charities that you desire is through a legally enforceable will. By not doing so, you leave the distribution of your property to the whims of a technical legal principle that is insensitive to your own values and wishes.
Planning a will is an essential aspect of estate planning in Perth, which offers you control, decision, and peace of mind.
Understanding what happens under WA intestacy law can protect your family from future uncertainty. If a loved one has passed away without a will, it is essential to know who can inherit and how the process unfolds.
To avoid such a problem with your property, it is better to do something than nothing. A properly prepared will, with the assistance of seasoned legal advice, can eliminate potential conflict and protect the interests of your loved ones.