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When you don't have a will, who gets it?

  • This order was changed substantially by a law that took effect in relation to anyone who died after 1st March 2010. One of the substantial changes is that the law now recognises the possibility of leaving multiple spouses (ie. One legal and one or more de-facto spouse).
  • If deceased left a spouse and either no children or only children of that spouse and the deceased, the whole estate goes to the spouse;
  • If there is more than one spouse but no children (say a legal spouse and also one or more de-facto spouse(s)) then they share the estate equally;
  • If there is a spouse and children of another relationship, the spouse (or spouses) share the first $350,000 of the estate and half the balance. The children get the rest.
  • If no surviving spouse but children then such children get the whole estate equally. If any children have died before the deceased but have left children of their own ( grandchildren) then the share passes down the line ie. to their children and if any of them have died, to their children etc.
  • If no surviving children, grandchildren or spouse, then it passes to parents.
  • If no parents then to brothers and sisters. Like children, if any of them have passed away before the deceased, their children take their share (nieces and nephews).
  • If no brothers and sisters, then to grandparents.
  • If no grandparents then to uncles and aunts and like brothers and sisters, their children (cousins) get the parents share if the parent died before the deceased.
  • If no uncles and aunts (or children of any deceased uncle or aunt) then it goes to the state government.
Can I make my own will without a solicitor?
What happens if I do not make a will - does it all...


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Wednesday, 17 August 2022
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