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ARTICLE · 05 FEBRUARY 2017

Dying without a Will

We explain the rules of intestacy which apply if a person dies without a Will or where the Will is ineffective.

AustraliaFamily and Matrimonial

As the holiday season comes to an end, you may have had discussions with your family about planning for the year ahead. An important part of that plan might be to ensure you have a Will in place.

Quite often, we are asked "what happens if I die without a Will?" In this edition, we explain the rules of intestacy which apply if a person dies without a Will or where the Will does not effectively dispose all or part of that person's property. The rules are set out in Chapter 4 of the Succession Act 2006 (NSW) (Act).

As we are now seeing an increase in blended families, second marriages and domestic relationships, there is a need more than ever to have a Will in place. A Will enables you to provide for more than just family members (for example friends and charities) as you see fit. Substantial administrative work and anxiety placed on family members if you die without a Will, is also avoided.

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