Intestacy Lawyers Sydney
- Clear advice when someone dies without a valid Will
- Guidance on NSW intestacy rules & entitlements
- Support applying for Letters of Administration
- Practical help for families, next of kin & beneficiaries
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Our Services
Intestacy & Deceased Estate Services
LawBridge assists families, next of kin and beneficiaries when someone dies without a valid Will. We explain how NSW intestacy rules may affect the estate, identify the appropriate legal pathway and assist with Letters of Administration and related estate administration matters.
1
Advising On Intestacy In NSW
When a person dies without a valid Will, their estate is generally administered under the intestacy provisions applying in NSW. We explain what this means for the estate, the family and the people who may be entitled to inherit.
2
Understanding Who May Inherit
Intestacy rules determine how an estate may be distributed between a spouse, de facto partner, children and other relatives. We help identify the potential beneficiaries and explain how the rules may apply to the circumstances of the deceased.
3
Identifying The Next Of Kin
Establishing the deceased’s next of kin may be necessary before the estate can be administered. We assist with reviewing family relationships, available documents and other relevant information needed to identify the appropriate legal pathway.
4
Applying For Letters Of Administration
Where a person dies without a valid Will, an eligible person may need to apply for Letters of Administration before the estate can be dealt with. We assist with understanding the application process and preparing the relevant information and documents.
5
Dealing With Family & Beneficiary Questions
Intestacy can create uncertainty where family members have different expectations about the estate. We provide practical advice about potential entitlements, administration issues and the steps available to move the matter forward.
6
Administering The Estate After Intestacy
Once Letters of Administration are granted, the administrator may need to identify and collect assets, address debts and expenses, communicate with beneficiaries and distribute the estate according to the applicable legal requirements.
7
Islamic Inheritance Considerations
Some Muslim families may wish to consider Islamic inheritance principles when dealing with an intestate estate. We can discuss the relationship between NSW succession law, beneficiary entitlements and any arrangement the family wishes to consider.
8
Resolving Complex Intestacy Issues
Some intestate estates involve missing information, overseas assets, uncertain family relationships, disputes between potential beneficiaries or questions about the appropriate administrator. We help identify the issues and explain the available next steps.
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Our Intestacy & Estate Administration Process
When someone dies without a valid Will, families must understand both the intestacy rules and how the estate is administered. We take a structured approach to identify the relevant issues and next steps.
1
Initial Consultation & Family Review
We begin by understanding:
Whether the deceased left a Will or other estate documents;
The deceased’s spouse, de facto partner, children and other relatives;
The known assets, liabilities and property;
Any immediate family or beneficiary concerns;
Whether the estate includes assets outside NSW.
2
Identifying The Intestacy Position
We then assess the information available to help clarify:
Whether the deceased died without a valid Will;
Which intestacy rules may apply;
Who may be entitled to the estate;
Whether there are questions about next of kin;
Whether another legal pathway should be considered.
3
Preparing The Administration Pathway
Where Letters of Administration may be required, we help identify the appropriate applicant and the information needed for the application. This may involve:
Reviewing family and estate documents;
Identifying potential beneficiaries;
Addressing missing or unclear details;
Advising on issues affecting the proposed administrator.
4
Administering & Distributing The Estate
Once authority is granted, the administrator may need to:
Collect and transfer estate assets;
Pay debts and estate expenses;
Communicate with beneficiaries;
Address distribution questions and finalise the estate.
Let our Sydney intestacy lawyers help you understand what happens next.
Why Choose LawBridge For Intestacy Matters
Intestacy can leave families dealing with uncertainty at an already difficult time. LawBridge provides practical guidance about the applicable rules, the administration pathway and the decisions that may need to be made.
1
Experience Across Wills & Estates
LawBridge advises on Wills, Islamic Wills, estate planning, Probate, Letters of Administration and estate administration. This broader experience helps us assess how the absence of a valid Will affects the family and the estate.
2
Clear Guidance About NSW Rules
The intestacy rules can be difficult to apply where family structures, de facto relationships, children from different relationships or overseas connections are involved. We explain the relevant issues in plain English.
3
Support For Families & Beneficiaries
We assist next of kin, potential administrators and beneficiaries who need clarity about the estate. Our approach is practical, responsive and focused on helping clients understand their legal position.
4
Islamic Estate Experience
LawBridge has established experience advising on Islamic Wills and Islamic estate planning. Where relevant, we can help families consider Islamic inheritance expectations alongside NSW succession law and the estate administration process.
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Team
Our Wills & Estates Team
LawBridge’s Wills and estates team assists with intestacy, Probate, Letters of Administration, Wills, Islamic Wills and related succession matters across NSW.
Adam Jacobs
Partner & Co-Founder
Ramia Abdo Sultan
Partner & Co-Founder
Mohamad Kammoun
Managing Partner & Co-Founder
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Understanding Intestacy In NSW
Intestacy occurs when a person dies without leaving a valid Will. In that situation, the estate is not distributed according to written instructions from the deceased. Instead, the applicable succession rules determine who may inherit and how the estate may need to be administered.
When Someone Dies Without A Will
The estate may require an application for Letters of Administration before assets can be collected, transferred or distributed. The right person to apply depends on the deceased’s family relationships, and banks and other institutions may require evidence of legal authority to act.
Who May Inherit Under Intestacy Rules?
The people entitled to an intestate estate depend on the deceased’s spouse, de facto partner, children and other surviving relatives. The position can be more complicated with blended families, adopted children or overseas relatives, so the family and estate circumstances usually need review.
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Frequently Asked Questions About Intestacy In NSW
Intestacy raises important questions for next of kin and beneficiaries. Here is a general overview of the common ones.
What Does Intestacy Mean?
Intestacy occurs when a person dies without a valid Will. Their estate is then administered according to the applicable succession rules rather than written instructions left by the deceased.
What Happens If Someone Dies Without A Will?
The estate may need to be administered under the intestacy rules. An eligible person may also need to apply for Letters of Administration before they can deal with certain estate assets or complete the administration process.
Who Inherits If There Is No Will?
The people who may inherit depend on the deceased’s family circumstances, including whether they had a spouse, de facto partner, children or other surviving relatives. The applicable rules determine how the estate is distributed.
Who Can Apply For Letters Of Administration?
The appropriate applicant depends on the circumstances of the deceased, the family relationships and the people entitled to the estate. LawBridge can advise on who may be able to apply and what information may be required.
What Is The Difference Between Intestacy & Letters Of Administration?
Intestacy describes the situation where someone dies without a valid Will. Letters of Administration is the court grant that may allow an eligible person to administer the estate in that situation.
What If The Family Disagrees About The Estate?
Family disagreement may involve questions about who should apply, who is entitled to inherit or how assets should be dealt with. The appropriate response depends on the nature of the disagreement and the circumstances of the estate.
Can Islamic Inheritance Principles Apply To An Intestate Estate?
Some families may wish to consider Islamic inheritance principles when deciding how to deal with an estate. This needs to be considered alongside the applicable Australian succession law and the legal entitlements arising from the estate.
How Long Does Intestacy Administration Take?
The timeframe depends on the family circumstances, available documents, estate assets, the application required and whether any issue arises. A clearer indication can be provided after reviewing the relevant information.
Can LawBridge Help With Estate Administration After Intestacy?
Yes. Depending on the circumstances, LawBridge can assist with the administration work that follows, including advice about estate assets, liabilities, beneficiaries and distribution.
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