A legal question of intestacy in NSW.?

Question

An Aunt dies intestate. She had no spouse, parents nor children. However she had two sisters, one of whom predeceased her. Is the estate divided between the surviving sister and the children of the deceased sister. Or does the whole estate pass on to the surviving sister alone as next of kin. All reside in NSW. Can nieces and nephews make a claim.

Answer 1

Rdyjoe's answer does not seem to understand that if someone dies intestate, they do not have a valid Will.

Section 61B subsection (6) of the WILLS, PROBATE AND ADMINISTRATION ACT 1898 (NSW) states:

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(6) If the intestate leaves no spouse, no issue and no parents, the estate shall be held for the following persons living at the death of the intestate and in the following order and manner:

(a) firstly, in statutory trust for the brothers and sisters of the whole blood of the intestate; but if there are no such brothers or sisters, then

(b) secondly, in statutory trust for the brothers and sisters of the half blood of the intestate; but if there are no such brothers or sisters, then

(c) thirdly, in trust for the grandparents of the intestate and, if more than one of them survive the intestate, in equal shares; but if there are no such grandparents, then

(d) fourthly, in trust for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate) and, if more than one of them survive the intestate, in equal shares; but if there are no such uncles or aunts, then

(e) fifthly, in trust for the uncles and aunts of the intestate (being brothers or sisters of the half blood of a parent of the intestate) and, if more than one of them survive the intestate, in equal shares.

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Paragraph (a) seems to be the relevant one here. It says it goes to the sister of the intestate but does not mention her kids. I think that's your answer - nieces and nephews probably cannot claim under the intestacy laws.

There may however possibly be a testator's family maintance claim if the aunt had a moral responsibility to provide for the nieces and nephews, especially if they were in her care. I don't know if this might be stretching the circumstances though.

I hope my answer helps.

I hope this helps.

Answer 2

Do you mean Estate? If there is a Last Will and Testament, Depends on how it is worded. If not say good bye to most of it as Lawyers and the state will probably take the majority of it.