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12 Sep INTESTACY LAW

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Has a loved one passed away with a valid Will? Let’s talk.

If a person dies without a valid Will, they are deemed to have died intestate. In those circumstances, a list of beneficiaries of the estate will be determined by the statutory scheme of intestacy in each State.

In all Australian jurisdictions, it is possible to contest the distribution of intestacy through a family provision claim, like you would if you have been excluded or inadequately provided for under a Will.

 

QUEENSLAND

In Queensland, if you die without a valid Will, your Estate will be distributed in accordance with the intestacy statutory scheme as detailed below.

If the Deceased is…

Frequently Asked Questions

Survived by a Spouse or Defacto and No Children

Spouse or defacto receives the entire estate.

Survived by Spouse and Child of Spouse

Spouse receives the entire estate.

Survived by Spouse/s and Child of Another Relationship

Spouse/s receive:

  • $350,000
  • The deceased’s chattels
  • 50% of the remainder of the estate

Child/ren receive:

  • 50% of the remainder of the estate
Survived by Multiple Spouses

Spouse/s receive:

  • Unless a written agreement or Court Order is made directing the spouses to a proposed agreement, then the estate will be equally divided between them
Survived by Child/ren Only

Child/ren receive entire estate equally. If child is deceased then their child/ren will receive their parent’s share.

  • No Surviving Spouse/s or Child/ren
  • No surviving spouse/s or child/ren: equal shares to the parent/s of the deceased
  • 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 aunts and uncles of the deceased
  • No surviving aunts/uncles: equal shares to the 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.

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PLEASE SELECT THE STATE IN WHICH THE DECEASED PERSON RESIDED

  • VICTORIA
  • NEW SOUTH WALES
  • QUEENSLAND
  • SOUTH AUSTRALIA
  • WESTERN AUSTRALIA
  • TASMANIA
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TESTIMONIALS

We were very satisfied with the advice and representation provided by marshalls+dent+wilmoth in our matter. From the outset Sandy inspired confidence: that she had substantial experience in dealing with matters similar to ours, and that she had a clear understanding both of the legal issues involved and approaches likely to be effective. She kept us well informed throughout the procedure, and was always available to our questions or concerns. She was also adept in guiding us- and which option she recommended- as the matter progressed.

She was at all times courteous and considerate in her dealings with all concerned. In short, I would have no hesitation in recommending her services

-Rod

DEFENDING A WILL CONTEST (VIC)

Sandy you have been outstanding for all the work you have done and the way I have been treated. I couldn’t have had a better person battling for me- You are great at what you do and you work from the heart. Don’t change as you are a great lawyer. Good luck in the future!

-Maria

WILL DISPUTE (VIC)