Martin Bullock Lawyers know the value of making a clear, properly executed Will. Preparing a Will gives you control – it allows you to make your own decisions about who your Estate passes to and saves your loved ones the heartache and stress of navigating succession laws.
If you don’t have a Will when you pass away, your Estate is regarded as intestate, and will be governed by the Succession Act 2006 (NSW). In these situations, the Act provides:
- A suitable administrator is appointed by the Supreme Court (this may not be who you would have chosen to administer your Estate)
- Any funeral and administration expenses are paid out of the Estate
- The order in which eligible relatives will inherit the Estate
- If there are no eligible relatives, the Estate passes to the Crown (i.e. the State)
- Assets are divided by a pre-determined formula, despite any of your wishes, including to your spouse, any children and other family members
If you are separated but not divorced, intestacy laws provide that a married spouse will inherit the majority of the Estate, despite permanent separation and against any contrary wishes.
Intestacy may also occur if you do have a Will, but it is incomplete, is found invalid because it does not conform with legal requirements, or is poorly drafted. Don’t risk losing control over your Estate.
Martin Bullock Lawyers are experts in drafting Estate documents including Wills, Powers of Attorney and Appointments of Enduring Guardian. If you don’t have a Will, contact Greg Martin or Jacqueline Wainwright on 02 9687 9322 to book an initial consultation.
Dying intestate is as bad as dying interstate in Queensland. It’s a different world up there!