It will come as a shock to many, but the law in South Australia provides that if a person dies without a will, their partner can be forced to vacate the home.
Section 72L of the Administration and Probate Act 1919 provides that if a person is survived by spouse and children, the spouse may elect to purchase the home; however, must do so within 3 months from the grant of letters of administration.
If they do not elect to purchase the home, they must vacate it.
The only method by which a spouse may extend the time to purchase the property is to make an expensive application to the Supreme Court.
The above, often unintended outcome, can have drastic consequences for the family members left behind. Especially when a person dies leaving a spouse and children from previous relationships.
Fortunately, executing an appropriately drafted will can avoid all this and we strongly advise everyone to obtain expert estate planning advice no matter their stage of life.
If you are considering drafting a will or updating an existing will, call Williams Barristers & Solicitors today on 84519040