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Two persons died intestate one on 31 July 1975 and on November

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
  • Positive Feedback: 94.5 %
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Customer Question

Two persons died intestate one on 31 July 1975 and on November 1976 respectively. The first was survived by a wife and three kids, the other was survived a husband and 9 kids. Can you please advise succession inheritance relating to these persons who died in New South Wales.

Thank you.

Pauline Cassar

 

Optional Information:
State or Territory: New South Wales
What have you tried so far?: Searched on line

Submitted: 320 days and 5 hours ago.
Category: Australia Law
Value: $78
Status: CLOSED
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Expert:  Sydney-Lawyer replied320 days and 5 hours ago.

Good Afternoon


Is this an assignment that needs to be done?

Customer replied320 days and 5 hours ago.

No this is not an assignment, but a real life situation to settle sale of a property overseas in which the deceased had a share of the inherited property. The majority of the inherit ants live in Australia.

Pauline

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Expert:  Sydney-Lawyer replied320 days and 4 hours ago.

Good Afternoon,


If you have not applied for letters of administration in yourself whilst they know you are going to have to apply and get that order from the court 1st.

The following link explains what shares the parties get.

http://teece.com.au/files/legal_update_new_intestacy_rules.pdf

If letters of administration have already been obtained then you are under the old rules where the wife gets the 1st $200,000 and the balance is split 50% of the wife and the other 50% amongst all the children.

If I have not been applied for the new under the new rules where the wife gets everything.

The above link is very detailed and explains how letters of administration and intestacy works in New South Wales.

I had this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.



Customer replied320 days and 4 hours ago.

I am sorry, but that is not an answer. The written English is terrible considering it is being provided by a legal person. The response referring me to a website is not good enough as I could have done that myself.

Please tell me in plain English what the law in N.S.W. provided for in terms of succession inheritance where the deceased left no will.

Thank you.

Pauline

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Expert:  Sydney-Lawyer replied320 days and 3 hours ago.

Good Evening


I have provided you with an answer and the website I have provided you with has all the rules and set them out in a very simple way.

It is common for a Solicitor to provide a copy of a document to a client setting out the rules than retyping it and breaching copyright.

I will opt out and allow another Solicitor to assist you.

As you can see in the link, in order for the rules of intestacy of NSW to apply, the deceased must have left assets in NSW.

If this is not the case then you have to apply the laws in the jurisdiction that the assets are in.

I will leave it to another Solicitor to deal with. I am sorry I could not have helped you.

Customer replied317 days and 23 hours ago.

You left it to another solicitor to deal with. I have not heard anything further. I will provide my rating when I receive that response.

Thank you.

Pauline

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Expert:  Sydney-Lawyer replied317 days and 23 hours ago.

Good Evening


I have opted out. The question is open to others to answer.

I am sorry but you will have to be patient.

Customer replied317 days and 17 hours ago.

Relist: Answer quality.
Poor English. Referring me to a website is no answer. I could easily look up websites, like I did to find your service.

I was looking for a clear answer not a reference to a website.

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Expert:  Alex replied317 days and 10 hours ago.

Hello.

</ br>
I am a lawyer from Queensland, but I should be able to assist with your question if you'd like me to. The law in NSW and Qld is the same with respect to intestate property divisions.
</ br>
Just let me know if you want me to assist.
Alex41128.0169352199

Customer replied317 days and 5 hours ago.

Yes please Alex. But is this going to result in additional cost considering I did not get a decent response from the first respondent?

Pauline

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Expert:  Alex replied317 days and 5 hours ago.

No, it will be no additional cost to you.

What you will need to do here is apply to the Court for a special order called Letters of Administration.

However, as both these people died 35 years ago, what happened with their estates in those three decades?

Customer replied316 days and 17 hours ago.

Thank you for your response.

Their estate was distributed in accordance with the law sometime after their demise. they both died intestate.

However, some property (no allowance made for this in the distribution of the estate) is being sold overseas in which they or their children have an entitlement. The purchaser's solicitor overseas wants to know who inherits their share as they were still alive when the owner passed away in 1970's.

I trust that this is clear.

Regards

Pauline

Accepted Answer

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Expert:  Alex replied316 days and 11 hours ago.

Well, there is a problem. The estate should have been wound up long ago, and that includes the sale of this property. At the very least the ownership of the property should have been transferred to the beneficiaries.

So the best, XXXXX XXXXX much only place to start here is to go to the Supreme Court of NSW registry and see if they can pull the file out of archives. But in terms of the rules of intestate distribution, an estate first goes to a spouse. If there is no spouse, to the children. If there are no children, to the deceased's parents. If they are no longer around, then to the nieces and nephews of the deceased.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.5 %
Accepts: 12924
Answered: 8/7/2012

Experience: I did my law degree at the University of Queensland

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Customer replied313 days and 19 hours ago.

Alex

You told me that there was to be NO additional cost, yet I was charged an extra $48. Why?

Pauline

 
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