If an individual dies without a Will or with an invalid Will this is known as dying intestate. Sometimes a Will is left but it fails as the beneficiary or beneficiaries have predeceased the testator. In these cases, an estate must be distributed in accordance with the relevant intestacy law.
Entitled relatives of the intestate deceased will inherit the estate, otherwise, if it is established that there are no eligible relatives this estate will pass to the crown. Entitlement is determined according to the relevant intestacy laws applying in the jurisdiction in which the estate is being administered.
Key evidence required for the affidavit of application for administration includes identification of the deceased’s entitled next of kin. Birth certificates, marriage certificates, death certificates and other evidence must be annexed to the affidavit to support the assertions made as to entitlements.
We are able to undertake the necessary genealogy research and source relevant proof documentation such as birth certificates, marriage certificates, death certificates, adoption records, divorce records and other legal documentation in order to identify, locate and prove persons entitled to the estate. This process may also be necessary to establish the appropriate person to be the applicant on a Letters of Administration application. A thorough investigation initially can avoid court requisitions on intestacy applications regarding proving entitlements.
