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VIC No Will - How to Deal with Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by petermark, 25 September 2016.

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  1. petermark

    petermark Well-Known Member

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    Let's say there was no legal will. How do we deal with the house?

    People say that it costs a lot to go to the court, even I said I am not going to hire a lawyer. They say that the court will take a lot money, anyway.

    How can I get 1/x of the house and pay as little as possible? (x = the number of children)
     
  2. AllForHer

    AllForHer Well-Known Member

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    You'll have more luck asking this in Wills and Estates, rather than Family Law.
     
  3. petermark

    petermark Well-Known Member

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    Thanks for transferring the post here.
     
  4. Sophea

    Sophea Well-Known Member

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    Hi Petermark,

    When there is no will, the estate must be distributed in accordance with the laws of intestacy. If you are a child of the deceased, you may be entitled to a share of the estate depending on whether a spouse is alive and the size of the estate.

    NSW - De Facto Partner with No Will - What Happens When He Dies? | LawAnswers.com.au

    A summary of the rules of intestacy are as follows:
    1. If you leave a spouse or domestic partner, but no children, then your spouse or domestic partner receives whole Estate;
    2. If you leave a spouse or domestic partner and children, spouse will receive the first one hundred thousand dollars and one third of the residue, and children receive the remaining two thirds equally;
    3. If there is no spouse or domestic partner and no children, then your parents will receive your whole Estate. If your parents have predeceased you, then your Estate will pass to your siblings. If you have no siblings, the Administrator will continue to trace your family tree and collateral relatives;
    4. In the event that no surviving lineal or collateral relatives can be found, the Government will receive your entire Estate.
     
  5. petermark

    petermark Well-Known Member

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    Thanks for the reply.
     

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