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Deceased Adult Child No Will

Discussion in 'Wills and Estate Planning Law Forum' started by Fiona, 3 June 2014.

  1. Fiona

    Fiona Member

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    The loss of her 20 year old daughter earlier this year has left my friend in tatters and I am helping her through this difficult time.

    Daughter has always lived with her mother and died suddenly. Her mother and father have been separated since the daughter was 2 years of age. Daughter had been working and so has around $3-4000 in superannuation and a possible $84000 in life insurance. The only outstanding amounts are for a credit card amount of $3200.

    Are we able to apply for legal aide to help with the letter of administration for this small amount and is it difficult to manage if we choose to do it ourselves.

    Also worried the father may claim half the insurance. Is this the case if the daughter named her mother as the beneficiary on the policy?

    Thank you in advance for any feedback
     
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    Dying without a will is called "dying intestate".

    If you are in NSW, have a read of this:
    http://www.legalanswers.sl.nsw.gov.au/guides/wills_estates/intestacy.html

    Also, if you are in NSW, you may find it useful to speak to the office of the NSW Trustee and Guardian
    (you may know them by their old title, the "Public Trustee").

    http://www.tag.nsw.gov.au/intestacy-faq.html

    As to Legal Aid - probably not. And in any event, if there is to be contention, you will probably benefit from the help of a solicitor.
     
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  3. Fiona

    Fiona Member

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    Thank you
     
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