What to Do When a Family Member Dies Without a Will in QLD?
WGC Lawyers in Cairns has supported families since 1972, offering compassionate and experienced legal help during life’s most difficult times. If a loved one has passed away without a valid will, managing their estate can be complex. Speak with a wills lawyer in Cairns for clear legal advice and practical next steps.
Understanding Intestacy in Queensland
When someone dies without a will, they are said to have died “intestate.” In Queensland, their estate will be distributed according to a legal formula in the Succession Act. This can affect who receives assets and how the estate is managed, often in ways the deceased may not have intended.
Who Can Administer the Estate
If no appointed executor is appointed, someone must apply to the Supreme Court of Queensland for “letters of administration.” This gives the applicant legal authority to manage and distribute the estate.
Typically, the next of kin applies for this role. This may include:
- A spouse or de facto partner
- Children
- Parents
- Siblings
Applying for letters of administration involves paperwork, court procedures and evidence of the deceased’s assets. A lawyer in Cairns can assist with preparing and lodging the required documents.
How the Estate Is Divided
Without a will, the estate is divided based on a strict order of relatives. For example:
- A surviving spouse may receive the whole estate if there are no children
- If there are children, the estate is divided between the spouse and the children
- If no spouse or children exist, the estate passes to parents, then siblings and so on
These rules do not consider the closeness of relationships or personal wishes. It is vital to seek legal help to understand your entitlements and obligations.
Why You May Need a Family Lawyer in Cairns
Managing the estate of a family member who has died without a will often involves more than just legal paperwork. It can raise questions about guardianship, property rights and unresolved family matters. A family lawyer in Cairns can help you understand your rights and responsibilities during this time, offering practical advice tailored to your unique situation.
Get Help Managing a Loved One’s Estate
Dealing with a death in the family is challenging. Legal complexities can add unnecessary stress. Call WGC Lawyers in Cairns on 07 4046 1111 or complete our contact form to speak with a knowledgeable lawyer in Cairns. We provide support, clarity and trusted advice as you manage your loved one’s affairs.