What does it mean to die intestate?

What does it mean to die intestate?

A person dies intestate if they die without a valid Will. In these circumstances:

  • their personal estate (bank accounts, shares, furniture, etc) will be governed by the laws of the jurisdiction in which they resided at the date of their death; and
  • any real estate they own will be governed by the laws of the jurisdiction in which the real estate is situated.

If a person dies intestate in Western Australia, their estate will be governed by the Administration Act 1903 (WA) which sets out a statutory formula for the division of the deceased person’s assets.

Partial intestacy

A partial intestacy occurs where a person leaves a valid Will but their Will does not properly dispose of their entire estate. In these circumstances, the estate that is not disposed of will be governed by the relevant intestacy laws.

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