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What happens if I die without a Will, while there are surviving children who are under 18 years of age?
This can have a very adverse effect on a spouse or domestic partner left to bring up the children. The laws in South
Australia determine the distribution of an estate where there is no Will.
If death occurred after 26 February 2009, children are entitled to a share of the estate, if the deceased’s estate
value exceeds $100,000 (prior to 26 February 2009, the estate value was $10,000). A spouse or domestic partner
takes the first $100,000 and one half of the balance of the estate. The other half of the estate is shared among the
surviving children. Any child who is not 18 years of age must have their share paid to Public Trustee to hold in trust
until they are 18 years of age.
The general value of real estate these days may mean that the family home, if not owned as joint tenants, may
have to be sold or there may have to be an application to the Supreme Court to postpone the sale until the children
are over 18. |
发表于 11-12-2013 12:49:07
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发表于 11-12-2013 12:50:30
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发表于 11-12-2013 13:08:14
