Succession Act 1965 section 66

Rules for distribution on intestacy

Section 66 introduces the rules governing how a deceased person's estate is distributed when they die without a valid will (intestacy), establishing that distribution occurs only after all debts and expenses have been settled.

• When a person dies without a valid will, their estate is distributed according to the intestacy rules set out in Part VI (sections 66 to 75) of the Succession Act 1965.
• The intestacy rules apply to all property the deceased beneficially owned, including both real property (such as land and buildings) and personal property (such as money and possessions).
• Before any distribution takes place, all expenses, debts, liabilities, and any legal rights (such as a spouse's legal right share) must first be paid out of the estate.
• The rules only apply to property interests that do not automatically cease on the person's death — for example, a life interest that expires on death would not form part of the intestate estate.