Dying without a will, not as easy as it may seem!

Wills are a crucial part of estate planning and facilitate the probate process. What happens if you die without ever making one?

The case of Jian Ming Li highlights these dangers. Jian died intestate (without a valid will) in March 2022. After his death, his son Cheng Zhang Li applied for Letters of Administration as the sole child and next of kin, seeking to administer his late father’s estate.

However, the deceased’s brother, Jian Zhong Li, acting on behalf of their elderly mother Qin Ying Liu, contested the claim, arguing that Cheng was not Jian Ming Li’s biological son.

On the day of the deceased funeral, Jian Zhong Li illegally obtained human tissue from his brother’s body. He arrived early to the funeral, opened the coffin, and cut off part of the deceased’s ear in an attempt to collect DNA for testing.

Ultimately, official DNA testing (not using the ear sample) confirmed that Cheng Zhang Li was indeed Jian Ming Li’s biological son. The Court formally declared Cheng’s paternity under the Status of Children Act 1996 (NSW) and granted him Letters of Administration under the Succession Act 2006 (NSW).

Although unusual, this case powerfully emphasises the importance of having a valid will in New South Wales. Without one, disputes can escalate, families can fracture, and even funerals can turn into courtroom sagas.

If you wish to know more about creating a will and probate cases in general, Verde Lawyers may assist you.

Contact us today at Verde Lawyers: info@verdelawyers.com or 02 9283 5290.