What Happens When Someone Dies Without a Will in Queensland?

When an individual in Queensland passes on without a will in place, the estate is subject to state regulations. If a will cannot be located, the deceased is considered to have died ‘intestate’. Contrary to a popular misconception, a deceased person’s estate does not pass to the Australian government if there is no valid will. At Resolute Legal, we advise our clients to maintain a detailed and updated Will that clearly outlines their wishes regarding their property and assets. In this blog, we provide information about inheritance as outlined by the Succession Act. Call now to schedule a consultation with our trained estate lawyers.

Who is Eligible to Inherit if There is No Will?

The estate of a deceased individual with no valid Will is only passed on to the State if they have no eligible relatives. Even under such circumstances, the estate can be contested through a family provision claim filed by a spouse, child or dependent person.

An application for a Grant of Letters of Administration can be made to the Supreme Court by the next of kin with the help of a wills lawyer. The order of priority for the grant is as follows:

  • Surviving spouse of the deceased
  • Children of the deceased
  • Grandchildren or great-grandchildren
  • Parents of the deceased
  • Siblings of the deceased individual
  • Nieces and nephews
  • Grandparents of the individual
  • Uncles and aunts
  • First cousins
  • Any other individual appointed by the court

If you need legal assistance with a Will or inheritance claim, contact a wills lawyer at Resolute Legal today.

Importance of a Valid Will

The main reasons a will is so important are as follows:

  • A will allows you to legally name the individual who should be the executor of your estate. When no Will is present, a lengthy court process ensues during which the court appoints an executor for the individual’s assets.
  • A valid Will names the legal and property guardians for children who are minors until they are old enough to assume control of their inherited assets.
  • You can avoid unpleasant family conflicts by clearly indicating how family assets must be divided between loved ones.

Making a valid will with the help of a wills and estates lawyer is the best way to ensure that your intentions regarding your estate are executed.

Wills and Estates Law Specialists in Queensland

If you are an eligible relative who would like to contest a deceased individual’s Will, Resolute Legal’s estate lawyers are here to help. Contact us today and safeguard your assets with astute legal advice from experienced legal professionals.

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