Can a will be contested for lack of mental capacity?
- 22.07.2026
My father passed away recently and, as far as we know, he never made a will. We do not know what happens to his house, savings and belongings, or who is legally allowed to deal with his affairs. How does the law decide this?
When a person dies without a valid will, they are said to die intestate, and the Administration Act 1969 sets out who inherits and in what shares. If your father was married or in a civil union or de facto relationship, the surviving partner receives the personal chattels, a set statutory legacy amount, plus a share of the remainder, and the rest is divided among the children. If there was no partner, the children inherit equally. Someone, usually a close family member, must apply to the High Court for letters of administration to be authorised to collect the assets, pay debts and distribute the estate according to the Act. This process can take time, so gather death certificates, asset details and identification, and consider getting a lawyer to prepare the application.
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