When someone passes away without a will, one of the biggest questions for their family is: “Who gets what?” Which is closely followed by: “What happens to my estate if I die without a will?”
This is where the legal concept of intestacy comes into play. Intestacy refers to the rules that decide how a person’s estate will be divided if they die without leaving a valid will. These rules set out an order of priority, starting with the people considered closest to the deceased.
In this blog, we will discuss how a will is distributed, what happens if you don’t have a will, common issues when applying for intestacy, and why it’s always best to have a will and estate plan in place.
If you’d like to read more about the specific legal framework in Queensland, you can see our detailed guide here: Intestacy Rules in QLD.
Who Gets What? The Order of Inheritance in Queensland
The rules of intestacy in QLD are set out in the Succession Act 1981. These laws follow a strict order of inheritance to ensure the estate passes to the deceased’s closest relatives. Generally, the order is as follows:
- Spouse – The deceased’s married, registered, or eligible de facto relationship partners are first in line.
- Children – If there are children, the estate is divided between the spouse and children according to statutory formulas.
- Grandchildren and great-grandchildren – If children have passed away, their descendants may inherit in their place.
- Parents – If there is no spouse or child, the estate goes to the deceased’s parents.
- Siblings, nieces, and nephews – Brothers and sisters may inherit next, with nieces and nephews stepping in if the deceased’s sibling/s has already passed away.
- Extended family – Grandparents, aunts, uncles, and cousins are considered if no closer relatives exist.
- The State – Only if no relatives can be found at all, the estate will go to the Queensland Government. This outcome is extremely rare.
Common Complexities in Intestacy
Although intestacy rules may seem straightforward on paper, applying them to real life situations can be complicated. The outcome often depends on the specific circumstances of the deceased at the time of their death.
Unfortunately, a number of potential complications may arise and lead to disputes or other issues that impair the due administration of the estate. Sadly, that increased complexity often leads to emotional distress at a time of grief.
Some common complications include:
- Multiple spouses – For example, if someone was still legally married but also had a de facto partner.
- Defining relationships – Determining whether a de facto partner qualifies, or clarifying the rights of step-children and adopted children.
- Blended families – Estate division can become contentious when there are children from previous relationships.
- Disputes among relatives – Disagreements about entitlement often delay estate administration and cause more stress for already grieving families.
These examples highlight just a few of the challenges that can arise without a valid will. It’s also important to note that intestacy rules only cover who inherits. Separate laws determine who is responsible for administering and distributing the estate, which can create additional layers of complexity.
The Importance of a Valid Will & Estate Plan
At the end of the day, having a will and proper estate planning in place will simplify matters for your family upon your death. It is the only effective way to ensure that your estate and entitlements go where you intend for them to go. This is as opposed to being left up to some rules drafted by politicians!
ORG Solicitors can help you:
- Decide exactly who inherits your estate.
- Provide for non-traditional or blended family arrangements.
- Appoint an executor you trust to administer your estate.
- Reduce the likelihood of disputes among your loved ones.
What happens if I don’t have a will
If you pass away without a will, Queensland’s intestacy laws decide who gets what. While these laws are designed to provide a fair distribution, they may not reflect your personal wishes or the needs of your family.
To protect your loved ones and avoid unnecessary disputes, it’s vital to write a valid will and keep it up to date.
Organise a free initial consultation with our experienced Wills and Estate Lawyers today to get started.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
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