What You Need to Know when Someone Dies without Leaving a Will


The Administration Act 1903 lays down the rules about what should be done if there is no will. The provisions depend upon the value of the property/estate as well as the family members of the deceased.

Any partners of any gender have de facto right of inheritance, once the relationship is established. If your partner has died intestate you must seek legal advice from will and estate lawyers.

Letter of Administration

Any progeny of the deceased in or out of wed lock has the right of inheritance. In certain circumstances, the probate office may require proof of the relationship.

Any person claiming legal inheritance rights may apply for a letter of administration whereupon the Probate Office will make enquiries and issue a letter of administration or reject the request. However appointing an administrator is not always necessary. If the estate is small the spouse or partner may distribute the estate with a letter of administration under the authority of banks or building societies.

Where there is no one to administer the estate the Public Trustee may do this as it sees fit.

Legal Recourse

If the rules don’t provide for some dependants or circumstances, those persons who claim legal right to the estate could appeal with the Supreme Court as per the provisions of the Inheritance Act (Family and Dependants Provision)1972.

In any case if you are a legal heir or you are entitled to the estate, you should consult Wills Estate lawyers Toowoomba who can guide you how to go about settling the estate of the deceased.

Contact a lawyer to help contesting a will for you.