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  • Essay / Intestate Distribution - 1021

    The Inheritance Act 1981 (Qld) does not recognize all relationships when it comes to distribution in intestate situations. This leads to unfair results for those involved. This research investigation will describe and explain the current law relating to intestacy in Queensland. It will investigate conflicts of interest on the issue, when it comes to distribution in intestate situations in QLD, through analysis and discussion of the impact of the current law on stakeholders. It will evaluate the application of the law to solve the social problem associated with the distribution of property by drawing conclusions based on research. In Queensland, if you die without having a valid will, you are considered to have died intestate. Intestate inheritance is described in Part 2 of the Inheritance Act 1981 (Qld) and primarily governs the distribution of the deceased person's estate to the next of kin, e.g. spouse, de facto children, grandchildren. The rules do not classify in-laws or in-laws as next of kin. According to the law, an intestate is a person who dies and either does not leave a will, or leaves a will but does not actually dispose of all or part of it. of his property (article 5). The rules of this Act apply to the estate of any person who was living in Queensland at the time of their death and who did not leave a will. These rules will also apply to any property that was not covered by a will. Different rules may apply to property located outside Queensland or to property located in Queensland that was owned by a person who was living elsewhere at the time of their death (Koodrin, 2012). It is also important to consider that if a deceased person has assets outside of Queensland, they may be treated differently...... middle of document ......f] Queensland: Queensland Law Reform Commission. pp. 2 - 20. Available via: QLD Government http://www.qlrc.qld.gov.au/wpapers/wp37.pdf [Accessed: 2 March 2014].Sampford, K. (1997). Reforming Queensland's intestacy laws: The Succession Amendment Bill 1997. [pdf] Brisbane: Available via: QUEENSLAND PARLIAMENTARY LIBRARY: Publications and Resources Section http://www.parliament.qld.gov.au /documents/explore/ResearchPublications/LegislationBulletins/lb0997ks.pdf [Accessed March 2, 2014].The Public Trustee (2014). Let's talk about intestacy. [pdf] pages 2 to 8. Available via: The Public Trustee https://www.pt.qld.gov.au/files/brochures/intestacy-brochure.pdf [Accessed: March 2, 2014]. Author unknown (2014) . Wills, Estates and Probate: Queensland: Public: Fool. [online] Retrieved from: http://www.foolkit.com.au/qld/public/wills-and-probate#h28 [Accessed: March 2 2014].