Intestacy
Heir
A person legally entitled to inherit from someone who dies without a Will, under the intestacy rules of their state.
What it means
An heir is a relative who is entitled to inherit under the statutory order when a person dies intestate. Strictly, the word belongs to intestacy: a person who inherits under a Will is properly called a beneficiary, not an heir, even though the two words are often used interchangeably in everyday speech. Heirs are identified from the deceased's next of kin according to the tiers fixed by statute.
How it's used
Australian law does not recognise an automatic "heir" the way some countries do — no relative is guaranteed to inherit if a valid Will directs otherwise. Who counts as an heir, and in what priority, varies by state and territory. Example: As the deceased's nearest surviving relatives, his three nieces were the heirs to his intestate estate once it was clear he had no spouse or children.
Related terms
This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.
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