Half-siblings In Intestacy My Sister/Brother from Another Mother/Father – S02E02 – Battle of Wills Series

Transcript

Adrian Corbould: I am the eggman, I am the walrus, I am Adrian Corbould, Accredited Specialist in Wills & Estates with the Battle of Wills series, where I talk about contested Wills and estates generally.

John Lennon had two children. To his first wife Cynthia, he had Julian. To his second wife Yoko, he had Sean. Ordinarily, Julian and Sean may be described as half-siblings. In intestacy, this does not matter one bit. As we’ve discussed before, intestacy is the will that the court system gives you in the absence of having a valid Will.

As you might remember, it goes down this path. Spouses; if no spouses, children; if no children, parents; if no parents, siblings. There is a common misconception that siblings is only limited to full-blood siblings, wherein the siblings have the same parents as the deceased person. I’ve got to tell you, in New South Wales, completely irrelevant. Brother and sister in New South Wales is defined as those who share at least one parent.

In New South Wales, Julian and Sean, there would be no distinction that they’re half-siblings. What this means is, under intestacy, if the people who survive you are your siblings, including full-blood and half-blood, as it used to be referred to, your estate is divided equally between them, no distinction. The way to remedy this, if this is not what you want, is to make a Will. Very simple. Again, 97% of Wills are never contested.

I hope this has been of some use to you. Look forward to talking to you again next time.

Turnbull Hill Lawyers, and specifically Adrian Corbould, have been named in the prestigious 2024 Doyles Guide. Both have been listed in the guide since 2018.