header-logo header-logo

15 April 2010 / Michael Tringham
Issue: 7413 / Categories: Features , Wills & Probate
printer mail-detail

Intestacy the NSW way

Michael Tringham examines legal changes down under

With the Law Commission’s current consultation on “Intestacy and Family Provision Claims on Death” in mind, attention is drawn to New South Wales’ new intestacy laws. Part of the overall push for the harmonisation of succession laws throughout Australia, they change how an estate is to be distributed when a person dies without a will. I am indebted to Sandra Rocha of Sydney law firm SWAAB for her succinct analysis of the Succession Act 2006 as amended.

As of 1 March 2010 “spouse” includes a married, or a domestic partner who may be of the same or opposite sex. If an intestate had multiple spouses—that is, a relationship with their married partner and one or more domestic partners all at the same time—they will all share the estate, either by written agreement or court order. A “domestic partner” is one who had been continuously for at least two years in what used to be called a de facto relationship or that had resulted in the birth of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll