When a loved one dies without a Will, they are described as having died intestate. If your loved one had a Will but part of the instructions not able to be carried out, then a partial intestacy arises.
The description of intestacy is not merely a word used to describe a person who dies without a Will. When a person dies intestate there are legal ramifications. In essence, it means that a person’s assets (Estate’ will be distributed in accordance with the rules of intestacy. These rules cover spouses, children, parents, grandparents, aunts, uncles, nieces and nephews. Unfortunately, the rules do not take into account any other strong relationships formed by the deceased.
This can result in gross unfairness when the assets of the deceased are distributed in accordance with the rules of intestacy. If a loved one has died intestate then it is in your best interests to seek expert legal advice on exactly what you are entitled to receive under the rules and what actions you can take to remedy any unfairness in the distribution of assets.
The team at GMP Contesting a Will Lawyers understand the rules of intestacy and how they apply in real life. We use this knowledge to assist clients when a loved one has died and they realise that they are not provided for under the rules. We also use this knowledge to assist clients when a person who had little or no relationship with the deceased, stands to receive a distribution from the deceased’s Estate.
Intestacy and partial intestacy raise complex legal questions that impact on the distribution of the deceased’s Estate. If a loved one has died without a Will or there is a partial intestacy in their Will you need to seek legal advice as soon as possible on what action is available to you to rectify the situation.
Do not delay in seeking legal advice, please contact us on 1800 004 878 and we will arrange a free consultation appointment at an office convenient to you.