My uncle recently passed away in NSW. Due to mental incapacity, he could not make a will. I am preparing to apply to be administrator of his estate, and was hoping someone could confirm that I have figured out the distribution correctly.
Details of my uncle's relatives are shown in the attached chart, and described as follows:
- He never had a spouse or children.
- He was survived by one brother (Sibling 1), but predeceased by his parents and two other siblings (Sibling 2 and Sibling 3).
- Sibling 2 had four children, one of whom predeceased my uncle. Sibling 3 had two children, one of whom predeceased my uncle. Neither of the deceased children had children of their own.
My understanding of the NSW intestacy rules is that the estate should be distributed as follows:
Sibling 1: receives one third of the estate
Surviving three children of Sibling 2: each receives one ninth of the estate
Surviving child of Sibling 3: receives one third of the estate
I would be very grateful if someone could let me know if I worked this out correctly, before I lodge my application to be administrator.
One extra question if that is OK. I live in Queensland. Is it still OK for me to apply to be appointed as administrator? The Supreme Court website talks about appointing an attorney in NSW if the administrator lives outside NSW, but I don't want to do that as it means more paperwork, without helping anyone. The LawAccess website is a bit more promising, just saying that I need to provide a letter asking for permission for having an "address for service" outside NSW. Any tips on how to make this work would be greatly appreciated! It is a very simple estate, just a bank account and a nursing home deposit. There are no disputes. There are two beneficiaries who live in NSW, but neither wants to be administrator.
Thanks for any help,
Rob
Details of my uncle's relatives are shown in the attached chart, and described as follows:
- He never had a spouse or children.
- He was survived by one brother (Sibling 1), but predeceased by his parents and two other siblings (Sibling 2 and Sibling 3).
- Sibling 2 had four children, one of whom predeceased my uncle. Sibling 3 had two children, one of whom predeceased my uncle. Neither of the deceased children had children of their own.
My understanding of the NSW intestacy rules is that the estate should be distributed as follows:
Sibling 1: receives one third of the estate
Surviving three children of Sibling 2: each receives one ninth of the estate
Surviving child of Sibling 3: receives one third of the estate
I would be very grateful if someone could let me know if I worked this out correctly, before I lodge my application to be administrator.
One extra question if that is OK. I live in Queensland. Is it still OK for me to apply to be appointed as administrator? The Supreme Court website talks about appointing an attorney in NSW if the administrator lives outside NSW, but I don't want to do that as it means more paperwork, without helping anyone. The LawAccess website is a bit more promising, just saying that I need to provide a letter asking for permission for having an "address for service" outside NSW. Any tips on how to make this work would be greatly appreciated! It is a very simple estate, just a bank account and a nursing home deposit. There are no disputes. There are two beneficiaries who live in NSW, but neither wants to be administrator.
Thanks for any help,
Rob
