Intestacy entitlement and application workflow
Intestacy rules are algorithmic — the order runs spouse, children, parents, siblings, grandparents, aunts/uncles, cousins — but blended families, multiple spouses, and predeceased children complicate the tree. Mapping entitlement first, then choosing the correct application (administration vs specific orders), saves rework.
This is an 8-step workflow for mapping intestacy entitlement under Chapter 4 of the Succession Act 2006 (NSW) and equivalent state Acts, including the statutory legacy, personal effects, and distribution to next of kin.
Before you start
- Signed costs agreement and conflict check
- Death certificate and proof of spouse/de facto status
- Complete family tree with dates of birth and death
- Inventory of assets and liabilities
The workflow
Confirm intestacy (full or partial)
Confirm wholly intestate (no will) or partially intestate (will does not dispose of all property). Partial intestacy applies the intestacy rules only to the undisposed balance.
Map spouses including multiple spouses
Identify each eligible spouse — married spouse and eligible de facto — and consider the rules for multiple spouses under s 122 (distribution agreement or court order).
Identify issue and per stirpes distribution
Identify children, adopted children, and ex-nuptial children. Apply per stirpes distribution where a child has predeceased leaving grandchildren.
Calculate statutory legacy
Calculate the statutory legacy (CPI adjusted), personal effects, and share of the residue for the spouse where there are children from another relationship.
Map entitlement where no spouse or issue
Where no spouse or issue, move through parents, siblings and their issue per stirpes, grandparents, aunts and uncles, and cousins. Apply the half-blood rules.
Consider Crown escheat
Where no next of kin exist, advise on bona vacantia and the Crown's entitlement under s 136. Consider a discretionary waiver application on compassionate or service grounds.
File letters of administration
File letters of administration with the Supreme Court, attaching the family tree affidavit and inventory. Address any security bond requirement and consents.
Administer and distribute
Collect assets, pay debts, and distribute in accordance with the intestacy tree. Retain an appropriate contingency for family provision claims and tax.
What you will have at the end
An intestacy distribution documented in a family tree affidavit, grant of administration, and per stirpes distribution consistent with the Succession Act.
Common issues
- De facto relationship not properly evidenced
- Per stirpes distribution miscalculated where a child has predeceased
- Statutory legacy indexation overlooked
- Multiple spouse distribution without agreement or order
- Partial intestacy identified late, after first distribution under the will
Run this workflow on a real matter
Quillio builds the intestacy tree, calculates the statutory legacy and per stirpes distribution, and drafts the family tree affidavit. See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
General guide only — not legal advice. Succession Acts differ by state; confirm intestacy rules and statutory legacy amounts at the time of advice.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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