Category: Estate Planning

The administrator of Bob’s estate has died before completing administration. What happens from here?

Under these circumstances, the position of administrator becomes vacant. The rule that the “executor’s executor” assumes the administration of the deceased executor’s estate (which is set out in Section 13 of the Imperial Acts Application Act 1969 (NSW)) DOES NOT APPLY. This section applies only to executors (not administrators). The relevant sections of that Act […]

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I’ve heard if you don’t leave a will your estate can go to the Government. Is that true?

Section 136 of the Succession Act says: “If an intestate dies leaving no person who is entitled to the intestate estate, the State is entitled to the whole of the intestate estate”. Chapter 4 of the Succession Act makes provisions for what happens in an intestacy. Intestacy is where there is no will, or where […]

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