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 $50,000 the spouse or defacto receive the entire estate.
If the total estate is more than $50,000 the spouse or defacto receive:
- The personal chattels of the deceased
- $50,000 from the estate and 1/3 of the remaining estate
- An equal share of the remainder of the estate
Survived by Spouse / Defacto & Either a Parent / Sibling / Siblings’ Children
If the total estate is less than $75,000 the spouse or defacto receive the entire estate.
If the total estate is more than $75,000:
- The spouse or defacto receive $75,000 plus 50% of the remainder of the estate
- The other 50% will be distributed as follows:
- If the value of the 50% share is under $6,000 and there is no surviving siblings or nieces/nephews then the parents receive it in equal shares.
- If the value of 50% share is more than $6,000, the parents will receive $6,000 plus 25% of the remainder of the estate. The other 25% will be received by the siblings of the deceased.
- Where there is no surviving parent/s, the siblings of the deceased and the nieces/nephews of the deceased will receive the remaining 50%.
Survived by Child/ren only
Child/ren receive the entire estate in equal shares.
Survived by Parent/s & One or More / Siblings or Nieces / Nephews
If the total estate is less than $6,000 the parent/s receive the estate in equal shares.
If the total estate is more than $6,000:
- The parent/s receive $6,000 and 50% of the remainder of the estate
- The other 50% will be distributed to the siblings and nieces/nephews of the deceased in equal shares
- Surviving parent/s only: equal shares to the parent/s of the deceased
- Surviving siblings and nieces/nephews only: equal shares between the siblings and nieces/nephews
- Surviving grandparents only: equal shares to the grandparent/s of the deceased
- Surviving uncles/aunts or first cousins: equal shares to the aunts/uncles and 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.