What are my rights if my partner dies?

What are my rights if my partner dies?

This means that when your partner dies you will have the legal right to stay living in the home for the rest of your life or until you choose to leave. This is also called giving you a life interest, and means that their children will only inherit the property after you die, decide to leave or go into aged care.

What happens if my partner dies without a will?

If there are no surviving children (or grandchildren by substitution of any who have already died) then yes, the surviving spouse will inherit the deceased spouse’s estate in its entirety but not otherwise. If there are surviving children, the surviving spouse must share the inheritance with them.

Are siblings next of kin?

Next of Kin Defined Your next of kin relatives are your children, parents, and siblings, or other blood relations. Since next of kin describes a blood relative, a spouse doesn’t fall into that definition. Still, if you have a surviving spouse, they are first in line to inherit your estate if you die without a will.

When someone dies without a will who inherits?

If you die without a will and do not leave any eligible relatives, your estate will pass to the State (Crown). However, the State does have the discretion to provide for any dependants of the deceased or any other person the deceased might reasonably have been expected to provide for if he or she had made a will.

Does next of kin have to pay for funeral?

‘Although there is no legal obligation on next of kin to arrange or pay for the funeral of a deceased relative, they are obliged to provide personal details of the deceased to the contracted funeral director so that the death can be registered.