William Gang Wang · Herald Legal · Updated 29 October 2026
1. What does intestacy mean?
Intestacy arises when a person dies without a valid will or a will fails to dispose effectively of all property. The estate or relevant part is distributed under statutory rules. An administrator will ordinarily apply to the Supreme Court of NSW for Letters of Administration. Proper debts, expenses and liabilities are dealt with before the distributable estate is allocated.
2. When does a de facto partner qualify as a spouse?
Sections 104 and 105 of the Succession Act 2006 (NSW) include a qualifying domestic partnership in the definition of spouse. This may be a registered relationship, or a de facto relationship that existed continuously for two years before death or resulted in the birth of a child. Both the genuine nature of the de facto relationship and the relevant statutory condition may need to be established.
3. Does sharing an address prove a de facto relationship?
Not necessarily. Living arrangements, intimacy, financial interdependence, domestic arrangements, public recognition of the relationship and other evidence may be relevant, but no single fact necessarily decides the question. Flatmates, tenants and carers are not automatically de facto partners. Relevant evidence may include leases, bank statements, correspondence, shared expenses, official records and witnesses.
4. If there is a qualifying partner but no children, do parents or siblings inherit?
Ordinarily, where there is one surviving spouse within the statutory definition and no children of the deceased, that spouse takes the whole distributable intestate estate. Parents and siblings do not automatically receive a share simply because they are blood relatives. Different rules may apply where there are multiple spouses, children from another relationship or other special circumstances.
5. What if the claimed de facto relationship is not established?
If there is no qualifying spouse, the statutory order generally looks first to children, then parents, then siblings and relevant descendants of deceased siblings, followed by more remote categories. The detailed order and exceptions should be checked against the Succession Act 2006.
6. How are Letters of Administration obtained?
An eligible person ordinarily applies with evidence of death, family relationships, estate assets and the persons entitled under the intestacy rules. A disputed de facto claim may require detailed affidavit evidence. Standing to administer an estate is closely related to inheritance entitlement, but administration and ultimate beneficial entitlement are distinct questions.
7. Is superannuation always part of the estate?
No. A superannuation death benefit may be paid under fund rules, a valid nomination and trustee decisions to eligible beneficiaries or to the estate. It does not necessarily follow the intestacy distribution automatically. Insurance, jointly held property and trust assets may also be governed by separate rules.
8. What should relatives do if there is a dispute?
Promptly establish whether a will exists, identify assets and liabilities, investigate the deceased’s family and relationship circumstances, determine whether anyone is applying for administration, and preserve evidence. An intestacy entitlement dispute and a family provision claim are different legal issues and should be considered separately.
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