Survived by Spouse or Defacto and No Children
Spouse or defacto receives the entire estate.
Survived by Spouse or Defacto and Child/ren
If the total estate is less than $100,000 the spouse or defacto receive the entire estate.
If the total estate is more than $100,000 the spouse or defacto receive:
- The personal chattels of the deceased
- $100,000 from the estate and 50% of the remaining estate
- The right to purchase the estate property
- An equal share of the remainder of the estate
Survived by Children only
Children receive equal shares of the estate. If one of the children predecease the deceased but have children, then the children will take their parent’s share.
Survived by No Spouse / Defacto or Children
- Survived by no spouse/defacto or children: equal shares between the parent/s of the deceased
- No surviving parents: equal shares to the siblings of the deceased
- No surviving siblings: equal shares to the nephews and nieces of the deceased
- No surviving nephews/nieces: equal shares to the grandparent/s of the deceased
- No surviving grandparent/s: 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: Estate 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.