Parent Died Intestate

[sirius]

Our mother died intestate recently. She has 4 children including me.

Two of the older children have been estranged for 20+ years while me and my younger sister lived in the house with our Mum.

My younger sister was a carer for our Mum as her health was ailing over the last 10 years and struggled to do things on her own such as driving, grocery shopping, working and paying bills. She was adamant she'd rather die than leave her house, so my younger sister sacrificed her independence to care and provide for her.

We never made a Will but was talking about getting one done a couple of years back. Mum got sick very rapidly and died shortly after in hospital. She was too ill to get a Will signed by a 3rd party as she couldn't leave the house. We know she would want to leave it to my younger sister as she loved her dearly.

Now my older siblings want their equal share and are taking full advantage of the intestacy law. I'm absolutely sick with grief and worry that we're going to lose our family home and everything my Mum and younger sister worked and struggled for over the past 20+ years.

Can it be challenged at all? Is it even worth getting a lawyer to fight it? I'm scared to talk to my older siblings but I know their intentions. I don't want any money, I just want the estate to go to my younger sister after all she sacrificed so much for Mum.

Any advice would be helpful. Thank you.

 

[gingerdvera]

Since there's no will present. Inherit will be based on you and your siblings agreement. I don't know much about the law, but I would recommend to consult a lawyer about it. If you are around QLD, check Orglaw. They have free consultation. Good luck on your fight.

 

[Harry De Elle]

Hi S, my condolences to you and your family.

Letters of Administration will need to be applied to the court so as to appoint an administrator who will distribute the estate according to legislation.

First and foremost, All parties should seek their own independent legal advise even if they share common views.

Depending on the jurisdiction (State) , intestacies are regulated by the "Administration and Probate Act" or a "Succession Act'. These rules will govern the distribution of the estate.
Putting morals and ethics to one side;

From my readings, 'The legislation governing intestate succession creates several categories of recipients, ranked according to descending priority for participation in the distribution of the estate.' (Principles of Australian succession law, by Ken Mackie, 2nd Ed, 2013)
these are:
1. the surviving spouse and 'issue' of the deceased,
2. immediate family,
3. next of kin,
4. the Crown,

There is also is also a differentiation of various classes of assets comprising , household chattels of the deceased, matrimonial home of the deceased and the remainder of the estate.

Where there is no surviving spouse, the 'Issue' (i.e. the nearest lineal descendant), and depending on the jurisdiction the doctrine of 'hotchpot' ( will apply in Vic, SA, NT and ACT) and assumes that a deceased will wish to provide similar benefits to each of her family.

It is likely that the estate will be sold and divided equally, unless it can be shown that one beneficiary requires greater support than the other, and that it is appropriate to do so. The eventual outcome may not reflect the true intentions of the deceased.

Best wishes...