My guardian who has looked after me since my parents were killed in a car accident when I was 5 recently passed away without leaving a will. What happens to her estate?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Julia Savage, Hamilton 2303 NSW
- Your guardian died ‘intestate.’ This means she died without a valid will or in this case no will at all.
- The administration of her estate will be subject to the laws relating to intestacy in your state or territory. This legislation prescribes who will inherit her property.
- Usually a deceased person’s spouse and children are first in line to inherit their property. After that members of their wider family inherit.
- If you do not fit into any of the categories who can inherit under the intestacy laws you may be eligible to make a family provision claim against your guardian’s estate especially if you were financially dependent on her at the time of her death.
- You should obtain legal advice as soon as possible.