Intestate Succession Inquiry
A relative of the deceased is inquiring about inheritance rights under intestacy laws in New South Wales, as there is no will present. The deceased estate is valued at approximately AUD 1,000,000, which includes savings, personal property, and other assets. The only surviving relative is a niece from the brother's side. There is currently no dispute among relatives, no court filings, and no appointed executor or administrator for the estate. The deceased was never married and passed away around 12 months ago.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the inheritance hierarchy in New South Wales for intestate succession?
In New South Wales, intestate succession prioritises closer relatives such as the deceased's spouse, children, and parents. Relatives like great-nephews and great-nieces fall lower on the hierarchy. If there are no direct descendants or surviving spouses, siblings or their children may inherit next.
What legal processes are required to distribute the deceased's estate?
To distribute the deceased's estate in New South Wales when no will exists, an application for Letters of Administration is necessary. The Supreme Court will grant this to a suitable person, typically the closest relative. The application involves filing forms and providing evidence of the estate's value and assets.
How does the presence of other relatives affect our inheritance share?
The presence of other relatives significantly impacts the distribution of the estate in intestacy situations. In the absence of closer relatives, the estate is distributed among surviving siblings or their descendants.
What steps can be taken if disputes arise regarding the estate distribution?
If a dispute arises among relatives, mediation can be pursued to resolve conflicts amicably before considering court intervention. Should mediation fail, the parties may apply to the Supreme Court for resolution.
Is there a timeframe for claiming inheritance rights?
While there's no specific statutory timeframe in New South Wales for claiming inheritance under intestacy, it's advisable to act promptly, particularly since it has been 12 months since the deceased's passing.
