This is the next step on the harmonisation of New South Wales succession laws with the Uniform Succession Laws Project.

The changes increase the rights of a spouse (whether married or de facto) on intestacy.

Whilst a will is the preferred method of dealing with a person's estate, intestacy operates as a statiutary will that applies in default of a person making a will personally or through he intervention of the Supreme Court.

Key features of the legislation include:

The spouse's statutory legacy is increased to $350,000 The spouse has a preferential right to acquire property from the estate, not just the former residence of the will maker.

For more information consult a specialist succession, estate or wills lawyer.