wills and probate bathurst

How Stresses of Inheritance Cause Unhappiness

By dep

September 25, 2023

March 2010 some a few big changes to New South Wales intestacy laws. If you need help with some estate law inheritance, we are here to help you with legal support and representation.


The basic definition of a spouse implies currently a married person, or a domestic partner, with domestic partner changing de facto spouse. This relationship has to be a de facto relationship that has lasted at least 2 years or is a relationship that involves the birth of a child. The terms also incorporate similar sex couples.

Multiple Spouses

Basically, this refers to a combination of married individuals (who might be separated) or domestic partners or partners of the similar or opposite gender. This is where things can get a little complicated, and though having many wedding concurrently is unlawful, it’s not illegal to have a couple of meaningful and legally binding relations. You can, in fact, are wedded, and have a de facto partner at a similar time.

One month survivorship

If an individual is to receive a benefit of a person who actually died without a will, this relative has to stay alive for at least one month after death. There was no law such as this previously.


A problem is persona’s direct row of decent and includes kids and grandkids and great-grandkids. If your kid or kids are alive then issue refers just to them, though, it gets passed on down the row to their kids, and if essentially, their kid’s kid. It’s a bloodline link.

Distribution Laws

Spouse/s no issue

Single or more spouse (including domestic partner) with no problem (children) – the spouse or spouses inherit the complete intestate estate.

Spouse/s and the issue of spouse/s

Spouse/s comes into the whole estate

Spouse/s and issue of one more relationship

If there’re kids or one more relationship besides that of the spouse/s (also a domestic partner) for instance, the problem of an ex-spouse or ex-domestic partner, then the estate is separated up according to a method among the issue and spouse/s. This can include kids of the deceased intestate and present spouse/s and kids of the ex-partner. The method is:

Number one – Single spouse receives, or spouses share among them:

  1. A legacy of 350,000 AUD as adjusted the consumer price index according to a particular method set out in intestacy rule (earlier it was 200,000 AUD and just one partner was entitled); and
  2. The intestate’s own effects; and
  3. Almost of half  of the remainder of the intestate’s estate

Number two – (according to wills and probate lawyers Hennessy Dowd of Bathurst), all kids, including those of the past relationship and kids of the spouse/s, obtain reaming parts of the estate.

Sharing among many spouses

If some spouse survives, the intestate, the inheritance is clearly share as follows:

  1. In accordance with an agreement made among themselves and submitted to the estate’s administrator; or
  2. In accordance with an order of Supreme Court, or
  3. Equally among them

Lone Spouse’s Right To Getting Property

One more addition to the laws is that when there’s only one spouse, there is right to get any of the property that belonged to the deceased. The buy cost paid for the property is paid out initially from the spouse’s entitlement, and if insufficient for her/his individual finances. The spouse might get any real estate or personal property such as boats, cars, and shares.

Only Issues (Kids, Grandkids, Great-Grandkids, Etc) Survive

If there’s no spouse left, the problem is entitled, with their share depending on the closeness of their family relationship. If the deceased is only survived by a child or kids, the kids all share in the estate mutually. If any of the intestate’s kids are already deceased, leaving their individual kids (grandkids), these kids will also share in the portion of the estate that their parents would have received. Kids of grandkids, therefore, might share in this estate if their parents are dead. This continues until there is no more issue.

Other Surviving Relatives

If there’s no spouse and no problem, the distribution is thus:

  • Parents
  • Siblings
  • Grandparents
  • Uncle and aunts
  • First cousins

Indigenous People

For intestacy matters, an indigenous individual is classified as somebody of Torres Strait Islander descent or Aboriginal, and identifies ad a Torres Strait Islander descent or Aboriginal, and is accepted in that society. The new rules provide provisions for the distribution of properties based on conventional laws and customs.

Petitioners to the Crown for waiver of its Complete right to the intestate’s estate currently include:

  • Anybody with a moral or just claim on the intestate
  • The intestate’s dependents
  • Any organization or individual whom the intestate might reasonably have wanted or been hoped to have made a provision – this might include various volunteer work like donations embarked upon by the deceased – the charity could petition the GOVT for some or entire estate.
  • The trustees of each person or organization above

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