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No beneficiary has a right to any of the deceased's property until the executor distributes the estate. This can cause hardship if the main beneficiary is a spouse or domestic partner who has no other source of income.

A surviving spouse or domestic partner may be entitled to social security assistance (see PAYMENTS - CENTRELINK, and a surviving spouse or domestic partner may be able to obtain a loan, using the estate as security. In some cases an executor, such as the Public Trustee, will make a partial distribution, or an advance, to a surviving spouse or domestic partner.

Such hardship may be avoided by keeping a joint bank account. On the death of either, the whole of the account passes to the survivor.

Hardship  :  Last Revised: Mon Jul 22nd 2013
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.