About Intestacy
Learn more about intestacy in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Helpful Information
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged robbery in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our estate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Intestacy
A person who dies intestate is a person who dies without leaving a valid will. This can even occur if the deceased left a valid Will but married or divorced prior to his/her death, or if the will is damaged. In those circumstances, the estate passes to the next of kin according to a special statutory order determined by the law.
The Administration Act 1903 (WA) provides the Supreme Court of Western Australia with power to grant administration of any deceased estate in Western Australia, and governs intestacy generally. Persons who may benefit from the estate of a person who dies intestate may be the deceased’s spouse, the deceased’s children, and sometimes other relatives such as parents, siblings, grandchildren, uncles, aunts, nieces, nephews, and grandparents. However, relatives by marriage (other than a spouse) will usually not be able to benefit under intestacy rules, so if no person is entitled to an intestate’s property, the estate passes to the government.
If a deceased person did not leave a valid will prior to his/her death, a person entitled to receive a share of the intestate estate may apply to the Supreme Court of Western Australia for letters of administration. If letters of administration are granted to the person, that person has authority to administer the deceased’s estate according to law.
In Plain English
Typical beneficiaries of an estate where the deceased does not leave a will may include the deceased’s spouse, children, parents, siblings, grandparents, grandchildren, and other direct relatives. Relatives by marriage, such as in-laws, do not usually benefit under intestacy laws.
If a deceased person has died without leaving a valid will, a person entitled to a share of the estate may apply for letters of administration. Letters of administration give a person authority to administer a deceased’s estate according to law. Letters of administration applications should usually be made if a deceased’s estate is $10,000 or more.
Know Your Settlement Entitlements.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Settlement Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your settlement options.
- Past Cases
- Good Results
- Happy Clients
Your lawyer can help you
- To understand intestacy.
- Explain rights and obligations.
How it works
Applications for letters of administration may be made by any of the following persons:
- spouse of the deceased or de-facto partner of the deceased;
- children of the deceased;
- siblings of the deceased;
- parents of the deceased; or
- grandparents of the deceased.
If none of the above persons apply to become an administrator, any other person (including creditors of the estate) can apply.
The application will require the proposed administrator to demonstrate that the deceased has left property in Western Australia, that the deceased left no valid will, and that persons entitled to administration (beneficiaries) and other persons entitled to be administrator consent to the proposed administrator being appointed. The affidavit sworn by the proposed administrator for the application must also annex a statement of assets and liabilities of the estate.
Letters of administration granted
Once a grant of letters of administration is issued, the administrator can produce the grant as evidence that he/she has permission to deal with the deceased’s property. The administrator is subject to strict duties to comply with the law and administer the estate properly. The administrator must ensure liabilities are paid off before property is distributed to the beneficiaries. If money is held in the deceased’s bank account, the bank may require the administrator to produce the grant in order to release the funds or details relating to the deceased’s bank account. Similarly, Landgate (the organisation which issues property titles in Western Australia) may require the grant of probate before it is prepared to transfer real estate property in Western Australia.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged robbery in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our estate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
The Law
Intestacy
A person who dies intestate is a person who dies without leaving a valid will. This can even occur if the deceased left a valid Will but married or divorced prior to his/her death, or if the will is damaged. In those circumstances, the estate passes to the next of kin according to a special statutory order determined by the law.
The Administration Act 1903 (WA) provides the Supreme Court of Western Australia with power to grant administration of any deceased estate in Western Australia, and governs intestacy generally. Persons who may benefit from the estate of a person who dies intestate may be the deceased’s spouse, the deceased’s children, and sometimes other relatives such as parents, siblings, grandchildren, uncles, aunts, nieces, nephews, and grandparents. However, relatives by marriage (other than a spouse) will usually not be able to benefit under intestacy rules, so if no person is entitled to an intestate’s property, the estate passes to the government.
If a deceased person did not leave a valid will prior to his/her death, a person entitled to receive a share of the intestate estate may apply to the Supreme Court of Western Australia for letters of administration. If letters of administration are granted to the person, that person has authority to administer the deceased’s estate according to law.
In Plain English
Typical beneficiaries of an estate where the deceased does not leave a will may include the deceased’s spouse, children, parents, siblings, grandparents, grandchildren, and other direct relatives. Relatives by marriage, such as in-laws, do not usually benefit under intestacy laws.
If a deceased person has died without leaving a valid will, a person entitled to a share of the estate may apply for letters of administration. Letters of administration give a person authority to administer a deceased’s estate according to law. Letters of administration applications should usually be made if a deceased’s estate is $10,000 or more.
Know Your Settlement Entitlements.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Settlement Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your settlement options.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
Your lawyer can help you
- To understand intestacy.
- Explain rights and obligations.
How it works
Applications for letters of administration may be made by any of the following persons:
- spouse of the deceased or de-facto partner of the deceased;
- children of the deceased;
- siblings of the deceased;
- parents of the deceased; or
- grandparents of the deceased.
If none of the above persons apply to become an administrator, any other person (including creditors of the estate) can apply.
The application will require the proposed administrator to demonstrate that the deceased has left property in Western Australia, that the deceased left no valid will, and that persons entitled to administration (beneficiaries) and other persons entitled to be administrator consent to the proposed administrator being appointed. The affidavit sworn by the proposed administrator for the application must also annex a statement of assets and liabilities of the estate.
Letters of administration granted
Once a grant of letters of administration is issued, the administrator can produce the grant as evidence that he/she has permission to deal with the deceased’s property. The administrator is subject to strict duties to comply with the law and administer the estate properly. The administrator must ensure liabilities are paid off before property is distributed to the beneficiaries. If money is held in the deceased’s bank account, the bank may require the administrator to produce the grant in order to release the funds or details relating to the deceased’s bank account. Similarly, Landgate (the organisation which issues property titles in Western Australia) may require the grant of probate before it is prepared to transfer real estate property in Western Australia.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
