This guidance note explains the differences between a testate and an intestate estate, including the situation where a person may die partially testate and partially intestate. The concept of when there is a presumption against intestacy is discussed, as well as the disadvantages of an intestate estate as opposed to a testate estate.

See Testacy v intestacy.

This guidance note identifies the assets that are and are not available for distribution in an intestate estate. A common difficulty arises in identifying what assets are available to be distributed and what assets do not form part of the intestate estate.

Furthermore, certain property is protected by legislation from payment of debts. These include money which is payable to the estate under a life insurance policy, some superannuation death benefits and rights to damages for personal injury.

See Definition of estate available for distribution.

Generally, in order to inherit, a person must survive the deceased person. There can be circumstances where there is uncertainty as to the order in which particular people have died or where people die at the same time. As a result of these types of situations, legislative "presumptions" have been enacted to determine whether a beneficiary has "survived" the deceased. These presumptions vary jurisdictionally within Australia. As such, this guidance note will discuss these presumptions for each jurisdiction.

See Survivorship.