Daily Archives: March 14, 2013


Intestacy occurs where a person dies without dealing with any or all of his or her property. The most common example of intestacy is where person dies leaving no will. In this case, the person is fully intestate. Where a person makes a valid will but fails to deal with all of their property there may be a partial intestacy. For example, Mr Smith passes away. At his death he owns a house in Mt Lawley, a boat and has money in a Bankwest savings account. Mr Smith made a valid will which states only “I leave my house to my son Sam Smith” but does not deal with his other property. In this case, Mr Smith is partially intestate. Although he has made a valid will, it does not mention his boat or savings.