The intestacy laws provide a predetermined formula for how the person's Estate will be distributed.
How the Estate is distributed depends upon whether the deceased died on or before 1 March 2010 and also which state's law operates in relation to the Estate.
Looking after intestate matters can be complicated. To be a "domestic partner" a person must have either been in a de facto partnership with the deceased for at least 2 years, or their partnership must have resulted in the birth of a child.
Where multiple spouses share a distribution they receive either; in accordance with a written agreement between themselves submitted to the Administrator, in accordance with a Court order, or equally.
Sometimes a person may die partly testate and partly intestate. This occurs where part of the Will is valid but part is invalid. This may result in even more inconvenience, delay and expense than administering a full intestate estate.
Let's have a look in detail about this issue on SBS Radio Korean.
