Legal Tip 328: Dying without a will or any Relatives - Who inherits?

Some people have no family, no relatives at all. No parents, grandparents, children, grandchildren or aunties or uncles etc. If such a person were to die who would get their assets?

It will depend on their will. A person can leave assets to any other person even if they are not related.

But what if there is no will?

In this case it will depend on the intestacy laws based on where they reside. Under the NSW laws the general rule is that if there is no family whatsoever then the assets will pass to the Government.

S 136 Succession Act

SUCCESSION ACT 2006 - SECT 136 Intestate leaving no persons entitled



But the minister has the power, under s137, to waive this and make the following entitled:

a) Any dependant of the deceased

b) Anyone with a ‘moral claim’

c) Any organisation the deceased might have made provision for – such as a charity.



I also offer myself as a potential beneficiary if anyone needs one – I just can’t draft your will.

 

At this time of year ( early Jan/2022) when we all might have a little more leisure time is a good time for everyone to review their Will & if you do not yet have made a Will I do urge you to get one made ASAP whether you have dependants/beneficiaries or none. If you are on this site you must have some interest in wealth creation & preservation & you do owe it to yourself to preserve what you have achieved if only for your own sense of achievement.
I can attest that Terry Waugh is an absolute Gun lawyer in Wills & Estates planning So if you haven't made a Will contact him soon!. With the faint hope of Covid restrictions waning I would imagine Terry might be contemplating O.S travel soonish.
I am a really old Oldie & when I was reviewing my own Will I realised that my executors will prob need further advice in setting up the T.T's etc which come into effect on my death. Some months ago Terry did post the name of a solicitor in a Practice in Sydney's CBD which I omitted to note who could be a good alternative Solicitor in Estate matters should he, himself be unavailable. I should have made a note in my Will docs & need to do so now ( being an old Oldie) I hope Terry might kindly mention him again. My trustees all ready are familiar with Terry's expertise. I do feel obliged to do all I can to make it as easy as poss for my execs Thanks so much in advance.

 

Any idea just how often this actually happens?

 

No idea, but it does happen.

 

I can't remember who that was now and can't think of anyone off the top of my head

 

Thx anyway Terry Just hope when I jet off that U will be still in CBD. All the Best Gladja seem recovered.