How can intestacy impact my will challenge?

Published 16 Nov 2016

Wills and estates is a complex area of law. It deals with everything, from creating a legally recognisable will to the formula for divvying out residual estates.

Due to the complexity of this area, many are unaware of how certain legal concepts can impact their will dispute, such as a family provision claim in New South Wales. One of the most misunderstood is the idea of intestacy.

What is intestacy?

When a loved one passes away and they did not have a legitimate will, they are defined as having died intestate. The legal ramifications of some passing intestacy are complex.

Intestacy means that a person's assets will be distributed in accordance with the legal rules that privilege close family relatives, like spouses and children. Unfortunately, these rules fail to take into account other strong relationships, such as a non-de facto partner or an enduring friendship.

What does intestacy mean for contesting a will?

As a result of the intestacy formulas, asset distribution can be heavily unfair as assets are distributed according to the legal rules, not your loved one's wishes. In response, it is important to seek expert legal advice if a loved one died intestate. A contesting a will lawyer can help you understand just what you are entitled to under intestacy rules and what actions you can take to address your grievances.

Why choose Gerard Malouf and Partners?

When it comes to making a claim against a loved one's will, it is important to be aware of the process, legal options and possible outcomes. The only way to gain an understanding of these three aspects is to talk to an experienced contesting a will lawyer.

At Gerard Malouf and Partners, we know the intestacy rules and how they apply in real life. With this understanding, we can offer you our knowledge and help you know if you will or will not be provided for under the rules of intestacy.

We understand the pain that comes with watching people who have very little relationship with the deceased gain a large chunk of the estate, while your relationship is not acknowledged at all.

To ensure that nothing stands in your way, we offer a no win no fee guarantee. Instead of receiving payment from upfront costs, our remuneration is paid for through your successful settlement.

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