Intestacy and partial intestacy laws
Intestacy and partial intestacy claims: Your rights, our fight
When a loved one passes away without a valid will, or with a will that doesn’t account for all their assets, the situation can be complex and emotionally challenging. At GMP Law, we specialise in guiding families through the intricacies of intestacy and partial intestacy laws.
Our experienced wills dispute lawyers are here to help you understand your rights and secure your fair share of the state.
Why Choose Gerard Malouf & Partners
Understanding intestacy and partial intestacy
Intestacy occurs when a person dies without leaving a valid will. Partial intestacy happens when a will exists, but doesn’t cover all of the deceased’s assets. In both cases, the distribution of the estate is governed by state laws, which may not align with the deceased’s wishes or the family’s expectations.
These situations can lead to:
- Unintended beneficiaries receiving portions of the estate
- Family members being left out entirely
- Complicated legal processes to claim rightful inheritance
- Potential family disputes over asset distribution.
We're here to help.
Eligibility for compensation in intestacy cases
You may be eligible to make a claim on an intestate estate if:
- You’re a close relative of the deceased (e.g., spouse, child, parent, sibling)
- You were financially dependent on the deceased
- You had a close personal relationship with the deceased
- The intestacy laws don’t adequately provide for your needs
- You’re within the time limit for making a claim (varies by state).
Even if you’re unsure about your eligibility, we encourage you to contact us. Our free initial consultation means you have nothing to lose by exploring your options and clarifying your position.
Factors affecting compensation
Many factors can influence the outcome of an intestacy claim:
- Your relationship to the deceased
- The size and nature of the estate
- Your financial needs and circumstances
- The needs of other potential beneficiaries
- Any promises made by the deceased during their lifetime
- Your contribution to the deceased’s welfare or estate
- The applicable state laws governing intestacy
- The strength of your claim compared to other potential claimants.
Our experienced team at GMP Law will help you navigate these factors to build the strongest possible case. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about intestacy and partial intestacy claims
How long do I have to make a claim on an intestate estate?
Time limits vary by state and circumstances. For example, in New South Wales a claim must be lodged within 12 months from the date of the deceased’s death. In general, it’s best to act quickly.
GMP Law offers free initial consultations to help individuals determine if they have a viable case. Our experienced lawyers can guide you through the complex process of evaluating your situation and will ensure you don’t miss any deadlines.
Can I contest the distribution of an intestate estate?
Yes, in many cases. If you believe the intestacy laws don’t adequately provide for you, you may be able to make a family provision claim.
What happens if the deceased had a de facto partner?
In most Australian states, de facto partners have similar rights to married spouses under intestacy laws. However, the specifics can vary, so it’s important to get legal advice.
What if I’m not a relative but was dependent on the deceased?
In some cases, non-relatives who were dependent on the deceased can make claims. Your eligibility depends on your relationship with the deceased and state laws.
Justice in intestacy and partial intestacy claims
At GMP Law, we’ve successfully represented clients from various walks of life, securing substantial compensation in intestacy cases.
Biological daughter receives $150,000 from interstate father’s estate
Background
Our client’s biological father passed away intestate in New South Wales, leaving an estate of approximately $900,000, plus an $880,000 life insurance benefit.
The challenge
The client feared she would receive nothing due to family tensions, despite maintaining a loving relationship with her parents.
GMP Law’s approach
Commenced proceedings in the Supreme Court of New South Wales
Participated in an Informal Settlement Conference
Negotiated on behalf of our client, considering her financial needs and family dynamics.
Outcome
Successfully secured a $150,000 settlement for our client, providing her with the means to start a new life after a recent separation.
Adult child receives $120,000 from mother’s intestate Queensland estate
Background
Our client’s mother passed away intestate in Queensland, leaving an estate valued at approximately $360,000.
The challenge
The client was concerned that his mother’s long-separated husband would receive the entire estate, leaving him with nothing.
GMP Law’s approach
- Filed a family provision claim in the District Court of Queensland
- Represented the client at mediation, alongside claims from his siblings
- Advocated for our client’s financial needs, considering his six dependent children and mortgage obligations.
Outcome
We negotiated a three-way split of the estate between our client and his two siblings, securing $120,000 for our client to assist with his mortgage and family needs.
Our will dispute services
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your intestacy or partial intestacy claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the Contested Wills team
Meet some of the diverse and dynamic will dispute lawyers who support our clients with their will contests, inheritance disputes, and family provision claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our will dispute lawyers using the form below, or simply call us 1800 004 878.
