Who gets it when you don't have a will (Intestacy):
  • If you have a spouse and no children, all goes to the spouse.
  • Bear in mind that spouse includes de facto spouse and for this purpose if there is no legal spouse and no children, there is no minimum period of the duration to qualify. If there is a legal spouse or children then the relationship must have continued for a continuous period of 2 years, otherwise the legal spouse gets it. Some clever legal spouses offer their separated spouse a ‘second chance weekend’ at least once every 2 years to maintain this status. “Spouse” can be a same sex partner. The usual hallmarks of a de facto relationship are sharing accommodation and sexual relations, perhaps joint bank accounts and expenses. Each case has to be looked at on its merits.
  • If you have a spouse and children, the spouse gets the first $200,000 of your estate, the household chattels and half the balance. However, if the spouse’s share won’t be enough to give him/her the matrimonial home then the share increases to get the home and the children’s share is reduced accordingly. This only applies if your spouse exercises the choice to take the house within 12 months of the grant of administration (by giving a notice). If the spouse dies before giving the required notice, the right is lost.
  • If no surviving spouse but children then the children get the whole estate equally. If any children have died before you but have left children of their own (your grandchildren) then the share passes down the line i.e. to their children and if any of those have died before you, to their children etc.
  • If you leave no surviving children, grandchildren or spouse, then it passes to your parents.
  • If no parents then to brothers and sisters of full blood. Like children, if any of them have passed away before you, their children take their share (these are your nieces and nephews).
  • If no brothers and sisters of full blood then to brothers and sisters of half blood (step-brothers and sisters) and again if any have not survived then their share goes to their children (but no further down the line).
  • If no brothers or sisters then to uncles and aunts (being full blood brother or sister with your parents) but unlike your brothers and sisters, their children (your cousins) do not get the parents share if the parent died before you.
  • If no uncles and aunts of full blood with your parents then uncles and aunts of half blood with your parents. Again their children do not get their share if they died before you.
  • If no one in the above groups then it goes to the government (State).