Survived by a Spouse or Defacto and No Children

Spouse or defacto receives the entire estate.

 

Survived by Spouse and Child of Spouse

Spouse receives the entire estate.

 

Survived by Spouse/s and Child of Another Relationship

Spouse/s receive:

  • $350,000
  • The deceased’s chattels
  • 50% of the remainder of the estate

Child/ren receive:

  • 50% of the remainder of the estate

 

Survived by multiple Spouse(s)

Spouse/s receive:

  • Unless a written agreement or Court Order is made directing the spouses to a proposed agreement, then the estate will be equally divided between them.

 

Survived by Child/ren only

Child/ren receive entire estate equally. If child is deceased then their child/ren will receive their parent’s share.

  • No surviving Spouse/s or Child/ren
  • No surviving spouse/s or child/ren: equal shares to the parent/s of the deceased
  • No surviving parents: equal shares to the siblings of the deceased
  • No surviving siblings: equal shares to the grandparents of the deceased
  • No surviving grandparents: equal shares to the aunts and uncles of the deceased
  • No surviving aunts/uncles: equal shares to the first cousins of the deceased
  • No surviving relatives: the estate will be left to the government

Dying without a valid Will may mean that your assets will not be distributed in accordance with your wishes. As seen from above, it may even pass to those whom you have little or no contact with if your immediate next of kin have predeceased you.

It is therefore important to ensure your true wishes are reflected in your last Will and testament. Leaving behind a well-constructed Will can also ensure that your estate is distributed in a timely and efficient manner.

FacebookTwitterLinkedInEmail