If the child/ren are that of the deceased and the surviving partner then the partner receives the entire estate. Mutual children will not benefit from the estate.

If the child/ren are that of the deceased alone and not the surviving partner, then the partner receives:

a) The personal chattels of the deceased

b) If the estate is more than the statutory legacy^, then $451,909 plus interest from the date of death until payment of the legacy and 50% of the balance of the rest of the estate

The child/ren will then receive the other 50% of the estate and if more than one child, equally between them.

If the deceased leaves no children but has more than one partner (i.e. a spouse and a registered caring partner) then the partners will receive the entire estate as follows:

a) If there is a distribution agreement then in accordance with that agreement;

b) If there is a distribution order, then in accordance with that order; OR

c) Failing an agreement then in equal shares between them.

For more information about a distribution order or distribution agreement, contact one of our experts to discuss further.

• The partners will receive the chattels and the statutory legacy^ of $451,909 in accordance with:a) any distribution agreement between them;b) any distribution order made by the Court; ORc) failing any agreement then in equal shares between them.
• The partners will also equally receive 50% of the balance of the estate
• If there are child/ren that are of the deceased alone, then the child/ren will receive the remaining 50% of the estate in equal shares

If the deceased died without a partner then the estate will be distributed to any surviving child/ren of the deceased, and if more than one, in equal shares.

If the deceased child/ren predeceased him or her then that child’s child/ren will receive their share (i.e. the grandchild who survived their parent will receive the share to which his/her parent was entitled) and if more than one, in equal shares between them.

If the deceased died without a partner or children then the estate will be distributed in accordance with the following hierarchy:

• No surviving child: equal shares to the child/ren of that deceased child (i.e. deceased’s grandchild/ren) in equal shares
• No surviving grandchild: equal shares to the surviving parents of the deceased
• No surviving parents: equal shares to the surviving siblings of the deceased. If a sibling has predeceased leaving child/ren then the child/ren (niece or nephew) will take their parents’ share
• No surviving siblings: equal shares to the surviving grandparents of the deceased
• No surviving grandparents: equal shares to surviving aunt/uncle. If an aunt/uncle has predeceased leaving child/ren then the child/ren (first cousin) will take their parents’ share
• No surviving relatives: the estate will be left to the Crown