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 and Mary Windeyer, have been named in the prestigious 2023 Doyles Guide. Both were also listed in the 2022, 2021, 2020 and 2019 guides.