David died on 20 June 2022.

David died intestate, never having executed a will.

 As at the date of his death, David  held the following assets:

1.A property in Northville NSW in his sole name   - $1,000,000

2.A property in Southside NSW in his sole name, - $750,000

3.Proceeds of bank accounts: $3,000,000

4.$10,000 in banknotes and currency

5.Gold bullion and uncut diamonds in which he had invested as a hedge against inflation - $100,000

As at the date of his death, David was separated from his wife, Kathryn.  They had three children, Donna (age 20 years), Shonna (age 16 years) and Jim (age 25 years). Unfortunately, Jim  died on 1 May 2022. As at the date of his death, Jim's  wife, Sharon, was pregnant with a child who they planned to name Sienna.

As at the date of his death David was in de facto relationship with Karen. David and Karen had been in a de facto relationship for 7 years. They had one child together, Mary (age 3 years). They were also fostering a child, Scott (6 months).

David also had another child, Jennifer (18), from a casual affair he had with his business associate, Susan. David met Jennifer once,  when she was 6 months old and he has not seen her since. 

David and Kathryn separated, but never divorced, 10 years prior to David's death. The matrimonial home had been David's Northville house and, after they separated, Kathryn kept living in the Northville house.  David moved to his Southside home.  Kathryn paid all the outgoings on the Northville home, as she is an heiress and is independently wealthy. They never entered into any property settlement. Donna and Shona still live with Kathryn at the Northside house.

David, Karen, Mary and Scott lived at the Southside home at the date of David's death.

Karen doesn't work, and has no assets - she had been wholly supported by David during their relationship.

1. Who is entitled to David's estate on intestacy?
2. Is David survived by a spouse?
3. Is David survived by issue?
4. How will his estate be divided between them?

Answer rating: 100% (QA)

In the context of intestate succession the distribution of Davids estate would depend on the relevant laws in the jurisdiction where he resided The in... View the full answer