Survived by a Spouse or Defacto and No Children

Spouse or defacto receives the entire estate.


Survived by a Spouse or Defacto and Child/ren

Spouse receives:

  • $50,000 plus 1/3 of the entire estate

Children receive:

  • Equal shares of the remaining 2/3 of the estate


Survived by Children Only

Equal shares between the children of the deceased. If a child has passed away then their child/ren will receive their parent’s share.


No Surviving Spouse, Defacto or Children

  • No surviving spouse, defacto or children: equal share to deceased’s parent/s
  • 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 uncles and aunts of the deceased
  • No surviving aunts/uncles: equal shares to the next of kin
  • No surviving relatives: the estate will be left to the State government. The government may pay the deceased’s dependants if any can be established

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.