July 2024

Inheritance in limbo: understanding the basics of Intestacy

When a person dies ‘intestate’, it means that they have passed away without a valid Will (wholly intestate) or with a Will that doesn’t dispose of all of their property (partially intestate). When someone dies intestate, the intestacy laws of the relevant jurisdiction will determine how their assets will be distributed.

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What is a Deceased Estate?

A “deceased estate” (also simply called an estate) refers to all the assets and liabilities left behind by a person when they pass away.

Assets can include real estate, vehicles, bank accounts with a positive balance, shares, personal belongings (such as jewellery and household goods), unpaid employment entitlements, life insurance policy rights, contractual rights, intellectual property and rights to royalties. Domestic pets are also considered part of the estate.

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The effect of marriage, separation and divorce on Wills and estate planning

It probably isn’t a surprise to most people that marriage and divorce are big events that impact on a person’s property and parenting rights. What many aren’t aware of, however, is that these events also have a significant effect on their Will and where their superannuation death benefit entitlements may be paid. Marriage and Wills

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