SA Liability or Beneficiaries of deceased estate-No Will

[Andrew Wright]

My sister in laws defacto partner of 26 years passed away with no will. The deceased has one 34 year old son. The deceased has finance debts on his assets (house/ car etc). Neither the defacto or the son have their names on any loan paperwork. Who would be liable for any outstanding debts or entirely to remaining funds once the assets of the deceased are sold and financial liabilities cleared? In addition who is responsible for the cleaning, preparation, listing and sale of the house?

 

[Tim W]

Have a look at this.

 

[Andrew Wright]

Thank you for your reply Tim.

 

[jdogga]

My sister in laws defacto partner of 26 years passed away with no will. The deceased has one 34 year old son. The deceased has finance debts on his assets (house/ car etc). Neither the defacto or the son have their names on any loan paperwork. Who would be liable for any outstanding debts or entirely to remaining funds once the assets of the deceased are sold and financial liabilities cleared? In addition who is responsible for the cleaning, preparation, listing and sale of the house?

Following on from this, the estate would be responsible for payment of the debts. Once debts and testamentary expenses are paid, then we look to the first 100k to partner and then divide between children. Your sister-in-law could also look to make a claim for further adjustment given the length of their relationship.